IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12894 of 2008 Between: M.Upender Reddy S/o.Seetharam Reddy R/o.16-2-752/123/3/6 Flat No.103 Sneha Prakash Apartments Gaddiannaram Hyderabad-60 ..... PETITIONER AND 1 The A.P Grameena Vikas Bank Rep.by its Chairman Warangal District 2 The General Manager A.P Grameena Vikas Bank Nalgonda District Nalgonda 3 The Branch Manager A.P Grameena Vikas Bank Nakrekal Nalgonda District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondent No.1&2 in passing impugned order No.CO/NLG/NKL/03/08-09 dt.15th April 2008 as illegal arbitrary against the principles of Natural justice and violative of Article 14&21 of constitution of India and consequently direct the respondents to pay the medical reimbursement for Hospitalisation as claimed by the petitioner for him self and for his wife for an amount of Rs 9,000/- and Rs 1,92,519/- respectively. Counsel for the Petitioner: MR.P.S.P.SURESH KUMAR Counsel for the Respondents : MR.K.SRINIVASA MURTHY The Court made the following : ORDER: The petitioner joined in the respondents-Bank in the year 1978 as a Field Assistant and subsequently he was re-designated as O.J.M-I i.e. Officer Junior Management. Disciplinary proceedings came to be initiated against him and the respondents Bank issued orders keeping him under suspension pending enquiry. He has been drawing subsistence allowance. He and his wife underwent medical treatment in Medi City Hospital, Hyderarbad. His wife has undergone Angioplasty. He claimed reimbursement of medical expenses incurred by him for self and his wife. 2nd respondent refused to consider the medical bills submitted by the petitioner on the ground that he is under suspension. The communication sent by the 2nd respondent refusing to consider his medical bills is under challenge in this writ petition. 2. Rule Nisi came to be issued on 09.09.2008. An interim direction also came to be issued on the even date vide WPMP No.16623 of 2008. 3. The respondents entered appearance and filed counter-affidavit. They also moved WVMP No.3774 of 2008 with a prayer to vacate the interim order granted on 09.09.2008. It is stated in the counter-affidavit that the petitioner and his wife-Smt.M.Neelima Devi underwent medical checkup by way of abundant caution, but not due to emergency. 4. When the vacate stay petition came up for consideration, with the consent of the learned counsel appearing for the parties, the writ petition itself is taken up for final disposal. 5. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents Bank. 6. Learned counsel appearing for the petitioner submits that the petitioner submitted representation seeking reimbursement of medical expenses incurred by him for his treatment as well as for the treatment of his wife. He further submits that the relationship between the petitioner and the respondents as employee and employer is not yet snapped and therefore, the respondents are bound to consider the medical bills submitted by the petitioner for reimbursement. 7. Learned Standing Counsel appearing for the respondents Bank submits that the petitioner and his wife underwent treatment by way of abundant caution and not out of acute necessity and therefore, there is no obligation on the part of the respondents Bank to reimburse the medical expenses. 8. As seen from the communication sent to the petitioner, the medical bills submitted by the petitioner came to be not considered on the ground that the petitioner is under suspension. It is well settled that the relationship between the petitioner and the respondents as employee and employer still subsists during the suspension period. Therefore, the respondents are bound to consider the medical bills submitted by the petitioner and process them in accordance with the Rules and Circulars in force. 9. Accordingly, the writ petition is disposed of directing the respondents Bank to consider the claim of the petitioner for reimbursement of medical bills for self and for his wife in accordance with the Rules and Circulars in force within four weeks from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:26th February, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}