IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10.11.2008 CORAM THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.No.26562 of 2008 P. Ponnudurai .... petitioner vs The Director of Pension No.257, Anna Salai D.M.S Campus Block No.III, 2nd floor Teynampet, Chennai-600 006 .... Respondent Writ Petition filed Under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus for the relief as stated therein. For petitioner : Mr.C. Manohar For respondents : Ms.Lita Srinivasan, GA ORDER The petitioner seeks a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the impugned order in Letter No.N.Dis.1209/08/E6/86 dated -05-2008 and to quash it as null and void and consequently directing the respondent to pay the petitioner a sum of Rs.50,000/- with 12% interest calculated from 5.11.03 to till date of payment. 2. The writ petition is filed against the order of the respondent in Letter No.N.Dis.1209/08/E6/86 dated -05-2008, by which, the claim of the petitioner to provide financial assistance to the pensioners in his undergoing specialised treatment/surgery, granted as per G.O.Ms.No.562 Finance (Pension) Department dated 11.7.1995, came to be rejected, on the ground that Angioplasty done in 7 of 2003. The impugned order is as follows: https://hcservices.ecourts.gov.in/hcservices/ "The application of Thiru P. Ponnudurai, PPO No.A560196 forwarded in the reference cited is rejected and returned in original for the reasons mentioned below: i) Others: Angioplasty done in 7/2003. Hence as per G.O.Ms.No.207 Finance (Pension) Dept. Dated 22.4.1997. 3. The learned counsel for the petitioner would fairly submit that the issue involved in this case is already covered by order passed by this Court in W.P.No.17962 of 2004 dated 24.4.2006. That was a case filed by the State Transport and Transport Corporations Retired Employees Welfare Association against the present respondent as the second respondent therein for the purpose of setting aside the similar order of rejection and also for direction to implement the scheme of assistance granted as per G.O.Ms.No.562 Finance (Pension) Department dated 11.7.1995. This Court, while allowing the writ petition, directed the respondents to implement G.O.Ms.No.562 Finance (Pension) Department dated 11.7.1995 to the members of the petitioner's Association. 4. The present petitioner is stated to be a member of the Transport Corporations Retired Employees Welfare Association. It is seen that pursuant to the above order of this court, the Government in fact passed G.O.Ms.No.25 Finance (Pension) Department dated 23.1.2007, by which, the scheme of Health Fund was extended to the erstwhile Tamil Nadu State Transport Department pensioners also with retrospective effect from 1.7.1995. 5. As submitted by the learned counsel on either side, it is seen that the scheme was introduced to provide financial assistance to the pensioners for undergoing specialised treatment/surgery by constituting a fund called Tamil Nadu Government Pensioner's Health fund by payment of Rs.5/-per annum from each pensioner. 6. The Government, in paragraph 9 of G.O.Ms.No.562 dated 11.7.1995, which reads as follows: "The assistance from Tamil Nadu Government Pension Health Fund shall be extended to all cases where the treatment is given on or after 1st July 1995." https://hcservices.ecourts.gov.in/hcservices/ 7. The said scheme was extended to the erstwhile Tamil Nadu State Transport Department pensioners as per G.O.Ms.No.25 Finance (Pension) Department dated 23.1.2007. 8. In the present case, the petitioner has undergone Special Surgery on 12.7.2003 (Caronary By-pass Surgery) in Madras Medical Mission Hospital and had treatment as inpatient from 11.7.2003 to 16.7.2003 and the total amount spent was Rs.1,27,730/- and the petitioner is also entitled for the benefits as per the said scheme. 9. In view of the same, the impugned order passed by the respondent in Lr.N,Dis No.1209/08/E6/86 dated 5.08 rejecting the claim of the petitioner with reference to G.O.Ms.No.207 Finance (Pension) dept dated 22.4.1997, which has not been explained, is set aside and the writ petition is allowed and the respondent is directed to consider the claim of the petitioner in the light of G.O.Ms.No.562 Finance (Pension) Department dated 11.7.1995 and also taking into consideration of the subsequent G.O.Ms.No.25 Finance (Pension) Department dated 23.1.2007 and pass appropriate orders of granting the benefit to the petitioner, as per the scheme within a period of four weeks from the date of receipt of copy of this order. No costs. sr Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To The Director of Pension No.257, Anna Salai D.M.S Campus Block No.III, 2nd floor Teynampet, Chennai-600 006 1 cc to Mr.C.Manohar, Advocate, SR.62263 sj (co) dv/14.11. W.P.NO.26562 of 2008 https://hcservices.ecourts.gov.in/hcservices/