IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25501 of 2008(J) -------------------------- PETITIONER: --------------- K.SIVANANDAN, JUNIOR TECHNICAL ASSISTANT (ST-III) CENTRE FOR MATERIALS FOR ELECTRONICS TECHNOLOGY (C-MET) ATHANI PO, THRISSUR 680 771 BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------------ 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF INFORMATION TECHNOLOGY MINISTRY OF COMMUNICATION & INFORMATION TECHNOLOGY ELECTRONICS NIKETAN, 6, CGO COMPLEX, NEW DELHI 110 001 2. THE EXECUTIVE DIRECTOR CENTRAL FOR MATERIALS FOR ELECTRONICS TECHNOLOGY (C-MET) PANCHAVATI, OFF, PASHAN ROAD PUNE 411 008 3. THE DIRECTOR (ACTING) CENTRAL FOR MATERIALS FOR ELECTRONICS TECHNOLOGY (C-MET) SHORANUR ROAD, MULAKUNNATHUKAVU P.O. ATHANI PO, THRISSUR. 4. THE REGISTRAR CENTRAL FOR MATERIALS FOR ELECTRONICS TECHNOLOGY (C-MET), NPANCHAVATI, OFF, PASHAN ROAD PUNE 411 008 BY SENIOR GOVT:PLEADER SMT.M.R.SREELATHA BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.25501 of 2008 ===================== Dated this the 25th day of August, 2008. JUDGMENT The petitioner is an employee of the Centre for Materials for Electronics Technology. He claimed reimbursement of medical expenses incurred for the treatment of his mother, who died of cancer. His request was initially turned down on the short ground that as his father was a pensioner drawing pension from the Railways, his mother is not dependent on him and therefore, he is not entitled to reimbursement. The petitioner challenged the said decision in this Court by filing O.P.No.2908 of 2001. By Ext.P2 judgment delivered on 29.8.2002, this Court set aside the order passed by the authorities and held that the petitioner's mother was wholly dependent on him. The respondents were directed to reimburse the medical expenses incurred by the petitioner without delay. As directed by this Court, the respondents considered the claim of the petitioner for medical reimbursement and took a decision to pay the sum of Rs.2,41,917/- as against his claim for Rs.3,25,290/-. Aggrieved by the non-reimbursement of the balance sum of Rs.81,532/-, the petitioner filed W.P.(C) No.23955 of 2003 in this Court. By Ext.P3 judgment delivered on 7.8.2007, this Court directed the competent authority among the respondents to take a decision on the WP(C) 25501/08 -: 2 :- representation filed by the petitioner. Pursuant to the said direction, Ext.P4 order was passed rejecting the claim for reimbursement of the sum of Rs.81,532/-. Aggrieved by Ext.P4, the petitioner filed Ext.P5 representation dated 10.6.2008 before the Secretary to Government of India, Department of Information Technology. 2. When this Writ Petition came up for admission today, Sri.Millu Dandapani, the learned counsel appearing for the petitioner submitted that this Writ Petition may be disposed of with a direction to the first respondent to consider and pass orders on Ext.P5 after affording the petitioner an opportunity of being heard. The learned counsel contended that the authorities at State level have not considered the petitioner's claim in the proper perspective and that if the petitioner is heard, he will be able to convince the first respondent that his claim for reimbursement of the medical expenses incurred by him in full, is tenable. 3. I have heard Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing on notice for the respondents as well. Reimbursement of the medical expenses incurred by the petitioner requires an enquiry as to the actual amount spent by him and also the eligibility of the petitioner under the Central Services (Medical Attendance) Rules. This is primarily for the departmental authorities to decide. Hence, I am of the opinion that the matter requires to be enquired into by the first respondent. 4. In the result, I dispose of this Writ Petition with a direction to WP(C) 25501/08 -: 3 :- the first respondent to consider and pass orders on Ext.P5 representation submitted by the petitioner within a period of four months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess 25/8