IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 14988 of 2005(H) -------------------------- OA.166/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRSENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH, NIRMAL BHAVAN, NEW DELHI 110 011. 2. DIRECTOR GENERAL, HEALTH SERVICES DIRECTORATE, GENERAL OF HEALTH SERVICES, NIRMAN BAHVAN, NEW DELHI 110011. 3. CHIEF MEDICAL OFFICER (M.O.), NF 59, DIRECTORATE GENERAL O HEALTH SERVICES, NIRMAN BHAVAN, NEW DELHI 110 011. 4. THE JOINT DIRECTOR, (C.G.H.S.), OFFICE OF THE JOINT DIRECTOR, CENTRAL GOVERNMENT HEALTH SCHEME, KESAVADASAPURAM. BY ADV. SRI.TPM IBRAHIM KHAN, ASSISTANT SG RESPONDENT: --------------- P.K.LAMBODHARAN NAIR, IPS (RTD), SHYLADRI, T.C. 1/2081(3), KUMARAPURAM, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM. ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14988 of 2005(H) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF OA NO.166/2004 OF THE CAT, ERNAKULAM DT.NIL. EXT.P2 : TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN OA NO.166/2004 DATED 14.06.04. EXT.P3 : TRUE COPY OF THE ORDER IN OA NO.166/2004 OF THE CAT, ERNAKULAM DATED 26.08.04. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF THE LETTER DATED 22.01.02 EVIDENCING THAT PERMISSION WAS GRANTED TO MRS.DARSANA P. NAIR FOR SPECIAL TREATMENT AT AIMS, KOCHI. EXT.R1(B) : TRUE COPY OF THE LETTER DATED 27.06.03 OF THE DIRECTOR GENERAL OF HEALTH SERVICES(GHS) ADDRESSED TOT HE JOINT DIRECTOR, CGHS, THIRUVANANTHAPURAM. /TRUE COPY/ PA TO JUDGE Thottathil B. Radhakrishnan & P.S. Gopinathan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14988 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd of February, 2010 JUDGMENT Thottathil B. Radhakrishnan , J. The respondent retired after serving as a member in the Kerala cadre of the Indian Police Service. He suffered a cardiac episode and was an inpatient in the Medical College Hospital, Thiruvananthapuram for some time. He was advised to underdo stress Stress Thallium Test available only in the Amritha Institute of Medical Science and Research Centre, Kochi. He obtained such assistance and further treatment from that Institution. He was denied the benefit of reimbursement on the premise that the said Institute is not one recognised by the Central Government for the purpose of the Central Government Health Scheme(CGHS). He moved the Central Administrative Tribunal. Before the Tribunal, the official respondents relied on the provisions of CGH Scheme for rejecting his claim. The Tribunal adverted to and considered Annexure A7 in the OA which is a communication issued by the Deputy Secretary to the Government of India to the Vice WP(C) No. 14988 of 2005 -:2:- President of the Amritha Institute of Medical Science and Research Centre, Kochi on 19.12.01 which quoted OM No.S.14025/7/2000-MS dated 28.03.2000 to say that as per the said OM, the Ministry of Health and Family Welfare in the Government of India has ordered that the Central Government employees and members of their families have been permitted to avail medical facilities in any of the Central Government hospitals and hospitals recognised by State Governments/CGHS/CS(MA) Rules, 1944. The said communication states that it is observed that the Amritha Institute has already been recognised by the State of Kerala for Cardiology and Cardiovascular surgery and therefore, in view of the aforesaid OM, there is no need to separately recognise that Institute under CS(MA) Rules. The OM referred to in that communication clearly therefore enables the petitioner, a retired IPS officer, to obtain medical assistance from the Amritha Institute in terms of CGHS. 2. We do not find any error of jurisdiction or erroneous appreciation of facts or evidence by the Tribunal. It is unfortunate, in our view, that the 1st respondent herein who was WP(C) No. 14988 of 2005 -:3:- the applicant before the Tribunal has not been able to get his reimbursement benefits for at least 11 years now and the matter stood stayed on an erroneous plea of the establishment that the CS(MA) Rules alone provide assistance through the Amritha Institute and not the CGH Scheme. In the result, this Writ Petition fails and the same is accordingly dismissed. Thottathil B. Radhakrishnan, Judge P.S. Gopinathan, Judge ttb