IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WA.No. 2263 of 2008() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17868/2006 Dated 04/07/2008 .................... APPELLANT(S): RESPONDENTS IN THE WPC. ---------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, TALUK. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MUNNAR. BY GOVERNMENT PLEADER SRI.N.MANOJ KUMAR RESPONDENT(S): PETITIONER IN THE WPC. ---------------------- A.CHRISTY JAYARAJ, FULL TIME MENIAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MUNN 685 612. ADV. SRI.JAJU BABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2263 of 2008 ------------------------------------- Dated 3rd December, 2008 JUDGMENT Koshy,J . The writ petitioner (respondent in this appeal) is working as Full Time Menial in the Government Vocational Higher Secondary School, Munnar. He has 19 years of service to his credit as Menial worker. In the year 2003, he was admitted in the Community Health Centre, Adimali from where he was referred for expert treatment. Ext.P1, certificate issued by the Government doctor shows that he was suffering from prolapse rectum and he required surgical repairs. Hence, he was referred for expert treatment. There was no other Government medical institution within a radius of five kilometres from his residence as provided under Rule 8 of the Kerala Government Servants' Medical Attendance Rules, 1960. He was admitted in the Medical Trust Hospital. He was treated as an inpatient. Operation was conducted. He submitted the bills. Charges for medicines was Rs.4865/=, charges for treatment was Rs.19,364/= and charges for lab services was Rs.835/-. He claimed reimbursement of those expenses. Only charges for medicines were reimbursed. Other charges were not reimbursed by the Government on the ground that he could have gone to one of the Medical Colleges as W.A.2263/2008 2 Government will not grant reimbursement for treatment in private hospitals which are not notified. Considering the fact that he was only a menial employee and has 19 years of service and also considering the fact that he has undergone surgery and only those expenses were claimed, we are of the view that on the facts of this case no interference is required by the appellate court. However, we make it clear that this cannot be taken as a precedent but we are not interfering with the impugned judgment considering the status of the employee and considering the fact that he was referred by the Government hospital and also considering the fact that he has already undergone treatment. The appeal is disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks