IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 17868 of 2006(D) ---------------------------------------- PETITIONER: ------------------- A. CHRISTY JAYARAJ, FULL TIME MENIAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MUNNAR-685 612. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MUNNAR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17868/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MEDICAL CERTIFICATE DT. 15.5.03 ISSUED TO THE PETITIONER BY DR.JOLLY S.J. M.D. ASST. SURGEON, CHC, ADIMALY. EXT.P2:- COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY MEDICAL OFFICER, MEDICAL TRUST HOSPITAL, ERNAKULAM DT. 25.7.03. EXT.P3:- COPY OF THE APPLICATION FOR REIMBURSEMENT OF MEDICAL EXPENSES SUBMITTED BY THE PETITIONER ON 18.7.03. EXT.P4:- COPY OF THE LETTER NO.MH6/37707/2004/D DT. 17.5.04 FROM THE 2ND RESPONDENT TO THE DISTRICT MEDICAL OFFICER (H), IDUKKI. EXT.P5:- COPY OF THE ORDER NO.F1/3835/05 DT. 29.3.05 ISSUED BY THE 3RD RESPONDENT. EXT.P6:- COPY OF THE LETTER DT. NO.MR1/2005 DT. 7.6.05 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.17868 of 2006 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T The grievance is with regard to Ext.P4 communication issued by the District Medical Officer, with regard to the claim for medical reimbursement. The amounts sanctioned as per Ext.P5 are only to the tune of Rs.4,815/-. But it is seen from the counter affidavit itself that the treatment charges and laboratory expenses are not included. Learned Government Pleader submits that those are not included for medical reimbursement, as per the existing Government Orders. The reimbursement charges are in respect of the surgery underwent by the petitioner in the hospital. The cost of medicine and laboratory expenses are included in the surgical procedure as well. Therefore, there is no point in contending that the Government Order does not provide reimbursement of treatment charges and laboratory services. It is also seen that this is a case where the petitioner was referred from the Government hospital as per Ext.P1. There is no justification in not reimbursing the cost of medicine and laboratory expenses, when the treatment is in an WP NO.17868/06 2 approved hospital. In the facts and circumstances of the case, there will be a direction to the respondents to reimburse the entire expenses in connection with the treatment of the petitioner, which are referred to as charges for treatment and charges for lab services. This shall be done within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.17868 of 2006 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.