IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WA.No. 82 of 2010() ------------------- (AGAINST THE JUDGMENT IN W.P.(C)NO.17190 OF 2004 DATED 16.11.2009 APPELLANT/PETITIONER: -------------- B.SUBAIDA,W/O.N.BASHEER,NEEDLE WORK TEACHER,V.H.M HIGHER SECONDARY SCHOOL, MORAYUR,RESIDING AT 'PRIJEENA MANZIL", MORAYUR P.O,PIN-673 649. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S)/RESPONDENTS: --------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANATHAPURAM. BY G.P.SMT.SMITHA SUKUMARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------- W.A.No.82 of 2010 ---------------------------------------- Dated 29th January, 2010 JUDGMENT Balakrishnan Nair, J. Appellant was the writ petitioner. She is a Needle Work Teacher working in an Aided Vocational Higher Secondary School. She underwent an open heart surgery at Madras Medical Mission Hospital. The said hospital, being one outside the State, her claim for reimbursement was declined by the Government by Ext.P11 on the ground that her case was not recommended by the Authorised Medical Attendant, as defined under Rule 3 (c) of the Kerala Government Servants' Medical Attendance Rules, 1960 and not approved by the Director of Health Services. Challenging Ext.P11, the writ petition was filed. In support of her claim, the appellant relied on Ext.P12 as per which reimbursement was made to another teacher placed in similar circumstances. The said teacher also underwent operation in the very same hospital. During the pendency of the writ petition, the appellant was served with Ext.P13 communication dated 24.2.2005 by the District Educational Officer directing her to move for obtaining ex post facto sanction for reimbursement from the Government. The said communication was produced along with I.A.No.13638 of 2005 and W.A.No.82/2010 2 she also prayed for quashing that order. The learned Single Judge who heard the writ petition dismissed it, but, without prejudice to her right to pursue the matter as suggested in Ext.P13 communication. Feeling aggrieved by the said judgment, this writ appeal was filed. 2. Before us also, the appellant tried to support her claim relying on Ext.P12. We think, the fact that somebody else has been granted a benefit cannot be the foundation for the claim of the appellant. She has to stand on her own rights. The Kerala Government Servants' Medical Attendance Rules, 1960 are extended to aided school teachers also. Rule 7A of the rules will govern her claim. In this case, it is common ground that the claim was not raised by her in accordance with the rules. But, the fact remains that she underwent heart surgery and she paid the bills for the same from her pocket. She, being a low paid employee, if reimbursement is not made, if she was otherwise eligible, the same will cause injustice. So, we feel that the competent authority among the respondents should consider her claim for ex post facto sanction. The petitioner shall, if so far has not re-submitted, re-submit the application to the District Educational Officer who, in turn, shall forward the same to the District Medical Officer, Malappuram at Manjeri. We direct the said officer to forward the application to the Director of Health Services who, in turn, W.A.No.82/2010 3 shall forward the application to the fourth respondent along with his views. The fourth respondent shall consider her claim for ex post facto sanction taking into account whether she would have been eligible had she moved earlier through proper channel. In view of the formalities, if fresh application is necessary for ex post facto sanction, the appellant shall submit the same. The learned Government Pleader shall inform the District Medical Officer and Director of Health Services, who are not parties to the writ petition, regarding the above directions issued by this Court. The officers other than the Government shall comply with the directions of this Court within two weeks on receipt of the application by them. The Government shall consider and pass final orders within three months from the date of receipt of the application by it. The writ appeal is disposed of as above. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge TKS