IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:21.10. 2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No. 40160 of 2006 M.Paramasivam .. Petitioner Vs. 1. The Secretary to Government, Municipal Administration, Government of Tamil Nadu, Secretariat, Chennai.9 2. The Director, Local Fund Audit Department, Kuralagam 4th Floor, Chennai.108 3. The Commissioner, Vellore Municipality, Vellore North Arcot District. .. Respondents . . . Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of of a writ of Certiorarified mandamus to call for the records connected with the impugned order passed by the second respondent in O.Mu.No.Estt.(4)/21797/06 dated 20.06.2006, quash the same and consequently, direct the second respondent to consider the claim of the petitioner as per the medical Scheme intended for Municipal employees. . . . For Petitioner : Mr.R.Reng Ramanujam For respondents : Mr. C.K.Vishnu Priya,Spl.G.P. . . . O R D E R The writ petition is filed to quash the order of the second respondent and to direct the second respondent to consider the claim of the petitioner as per the medical Scheme intended for Municipal employees. 2. The petitioner is a retired Junior Assistant from Vellore Municipality-third respondent. While he was on a tour to Karnataka, he suffered serious health set back and was treated in the Bagavan Mahaveer Jain Centre at Bangalore, which is an approved https://hcservices.ecourts.gov.in/hcservices/ hospital by Karnataka State. Thereafter he made a claim in a sum of Rs.1,25,250/- for medical reimbursement under the Tamil Nadu Pensioner's Health Fund Scheme. He is entitled to the benefit of the medical scheme applicable to the Municipal Employees in terms of G.O.Ms.No.36, Municipal Administration dated 10.03.2000. The second respondent by his proceedings in O.Mu.No.Estt.(4)/21797/06 dated 20.06.2006, rejected the same on the ground that the hospital where the petitioner had undergone surgery is not included in the list of accredited hospitals enumerated in Annexure II of the G.O.Ms.No.36, Municipal Administration dated 10.03.2000 intended for Municipal Pensioners. Hence, the petitioner has filed the present writ petition. 3. At the time of hearing of the writ petition, the learned counsel for the petitioner brought to the notice of this Court the G.O.No.477 (Finance (Pension) Department dated 30.09.2009 whereby the Government granted the benefit of reimbursement to the Tamil nadu Government Pensioners without any restrictions as stated in the impugned proceedings. The relevant portion in the G.O runs as follows: "3. The Director of Pension has stated that the pensioners who have taken treatment in unaccredited private hospitals or who have taken treatment for the diseases other than those given in the approved list or who have taken treatment in unaccredited institutions of other States are moving Court and get favourble orders to consider such cases for sanction by Government. In order to implement the Court orders, Government issues relaxation orders, sanctioning the claims and permitting the Director of Pension to admit such claims of unapproved treatments and unaccredited institutions in the case of respective pensioners who won cases and payment is made by Director of Pension accordingly. 4. The Director of pension has also stated that the Hon'ble High Court has observed in various judgments that "mode of treatment is at the discretion of the Doctors and the departments cannot insist particular mode of treatment alone can be taken by the patient" and that "the pensioners cannot be imposed any condition that a particular type of treatment alone should be taken or the treatment should be taken in a particular hospital." 5. The Director of Pension has therefore requested for delegation of powers to him for sanction of assistance under Tamil nadu Government Pensioners' Health Fund Scheme towards treatments not approved and not listed in the G.O.(MS) No.378, Finance(Pension) Department, https://hcservices.ecourts.gov.in/hcservices/ dated 13.10.2005 and also for treatments taken in institutions of other States in order to reduce hardship to the pensioners from moving Court often.(on rejection of the proposals) 6. The Government after careful consideration of the request of the Director of Pension in paragraph 5 above, pass the following orders: 1. The Director of Pension is delegated with powers to sanction pending claims as well as future claims for medical assistance from the pensioners in respect of ineligible treatments as well as eligible treatments taken in unaccredited institutions, both within the State as well as outside the State, subject to the following procedure: In respect of treatments taken in unaccredited hospitals within the State Procedure prescribed in para 4(i) of the G.O.sixth read above shall be continued. In respect of treatments taken in unaccredited hospitals outside the State: The Pension Pay Officer/District Treasury Officer/Sub Treasury Officer/Branch Manager of Public Sector Banks after satisfying about the details furnished in the application received in his office shall send the claim direct to the Director of Pension within a week. However, Certification from the District Medical Officer/ director of medical Education need not be insisted in respect of Hospitals outside the State." In view of the subsequent change of circumstances and the G.O as above, the order under challenge cannot be sustained and the same is, accordingly, set aside. 4. In the result, the Writ Petition is allowed and the impugned order is set aside. The second respondent is directed to make payment of medical reimbursement amount for which the petitioner is entitled in terms of G.O.No.477 dated 30.09.2009 within a period of six weeks from the date of receipt a copy of this order. No costs. PAL Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, Municipal Administration, Government of Tamil Nadu, Secretariat, Chennai.9 2. The Director, Local Fund Audit Department, Kuralagam 4th Floor, Chennai.108 3. The Commissioner, Vellore Municipality, Vellore North Arcot District. 1CC to Mr.R.Renaramanajum, Advocate (SR.55405) W.P. No. 40160 of 2006 GG (CO) SS (04.11.2009) https://hcservices.ecourts.gov.in/hcservices/