IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 23832 of 2011(D) -------------------------- PETITIONER(S): --------------------- SANTHI VIJAYAKUMAR,'SANTHI THRIKKAKARA', KOCHI-682021. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR,(CGHS),DIRECTOR GENERAL OF HEALTH SERVICE,NIRMAN BHAVAN,NEW DELHI-110 001. 2. THE JOINT DIRECTOR,CENTRAL GOVT.HEALTH SCHEME,3/45,KESAVADASAPURAM,THIRUVANANTHAPURAM, PIN-695001. 3. UNION OF INDIA,REPRESENTED BY ITS SECRETARY,MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN,NEW DELHI-110 001. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R-1 SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23832/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LETTER DATED 20.2.2007 SENT BY M.P. EXT.P2: TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DT 23.3.2007. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 6.2.2008. EXT.P4: TRUE COPY OF THE LETTER DATED 20.2.2008 SENT BY M.P. EXT.P5: TRUE COPY OF THE LETTER DT 7.3.2008 ISSUED BY THE EX.MP ASSOCIATION. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 22.12.2008. EXT.P7: TRUE COPY OF THE COMMUNICATION DATED 28.5.2010 ISSUED FROM PARLIAMENT OF INDIA (RAJASABHA SECRTARIAT) //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23832 OF 2011 ===================== Dated this the 8th day of November, 2011 J U D G M E N T Petitioner is the niece of late Sri.K.Chandrasekharan, who was a member of Parliament. The deceased was a member of a scheme by name Central Government Health Scheme, a contributory health scheme implemented by the Government of India. It appears that the deceased got the membership renewed till 31/12/2005. According to the petitioner, due to the ailments and hospitalisation of the deceased, the membership could not be renewed thereafter. Later, he also expired on 15/8/06. 2. It appears that the petitioner made representations for renewing the membership and getting the medical expenses incurred by the deceased and the family reimbursed. Finally, by Ext.P2, the 2nd respondent recommended to the 1st respondent. This recommendation was made as early as on 23rd of March, 2007. The matter is still pending without a decision before the 1st respondent. It is in these circumstances, the writ petition is filed seeking a direction for a decision on Ext.P2 and that the claim amount be reimbursed. WPC No. 23832/11 :2 : 3. Although the respondents have opposed the prayer of the petitioner pointing out the judgment of the Delhi High Court reported in Dal Chand Vashisht v. Government of Nct of Delhi and Ors {2008 VI AD (Delhi) 44}, still having regard to the fact that the claim of the petitioner is pending consideration of the 1st respondent pursuant to Ext.P2 made by the 2nd respondent, I do not think it necessary for this Court to enter into the merits of the controversy. Therefore, without expressing anything on the merits, I direct the 1st respondent to take a decision on Ext.P2. This the 1st respondent shall do, as expeditiously as possible, at any rate within 3 months of receipt of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge