IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 3500 of 2009(N) ------------------------- PETITIONER(S): --------------- REJI TOM THOMAS, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, B.A.M.COLLEGE, THURUTHICADU, RESIDING AT KAKKANATTIL THADIYOOR PO, MALLAPPALLY, PATHANAMTHITTA. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION (D) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR DIRECTORATE OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICE DIRECTORATE OF HEALTH SERVICE, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A&E) AUDIT THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 3500/2009. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF DISCHARGE CERTIFICATE DT. 23-6-2004. EXT.P2 APPLICATION DT. 2-6-2004. EXT.P2(a) APPLICATION DT. 28-6-2004. EXT.P2(b) APPLICATION DT. 7-9-2004 EXT.P3 ORDER DT. 21-2-2007. EXT.P4 PETITION DT. 7-3-2008. EXT.P4(a) REPLY DT. 14-3-2008. EXT.P5 PETITION DT. 3-4-2008. EXT.P5(a) REPLY DT. 28-4-2008. EXT.P6 APPLICATION DT. 16-5-2008. EXT.P6(a) INFORMATION DST. 12-6-2008. EXT.P7 REQUEST LETTER DT. 24-11-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3500 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th March, 2010. J U D G M E N T The petitioner is a lecturer in an aided college. He had undergone kidney transplantation on account of renal failure. He applied for reimbursement of medical expenses incurred for the same. In view of delay in payment of the same, the petitioner has filed this writ petition, seeking the following reliefs: “i. Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd and 4th respondents to pass immediate orders and disburse the reimbursement of medical expenses incurred by the petitioner in a time bound manner. ii Issue a writ of mandamus or other appropriate writ, order or direction, directing the 4th respondent to disburse the amount to the petitioner forthwith.” 2. Now, the eligibility of the petitioner for l reimbursement of the medical expenses is no more in dispute. Apparently, the original medical bills submitted by the petitioner, are not traceable with the respondents. An order dated 23-2-2010 was passed by me in that regard, which reads thus: “The learned counsel for the petitioner submits that the petitioner has been served with a communication dated 6.11.2009 from the Director of Collegiate Education, which reads thus: “Hon'ble High Court in the judgment cited 1st have directed this office to forward bills and vouchers to DHS within the time limit subsequently, Government vide letter cited has granted permission for the medical re-imbursement using the copies of applications, bills/vouchers, essentiality certificate etc. It is further directed that the photocopy of the documents of the hospital are to be got verified by the medical officer of the hospital with name, designation seal to the effect that the bill amount is true as per their records and the bill are issued by them. Moreover, a declaration from the applicant shall be received to the effect that the original bill is not used by him for W.P.C. No. 3500/2009 -: 2 :- getting medical claim from any source earlier and will surrender the bill if traced out subsequently photocopy of the bills/vouchers, application, essentiality certificate etc is forwarded herewith for getting the above direction to be done and returned urgently. Since the time limit for the compliance of judgment expires, treat this as most urgent.” The petitioner submits that this is not necessary, since the petitioner has already submitted the originals of the medical bills before the respondents and therefore, there is no question of the petitioner using those originals for other purposes.” 3. The learned Government Pleader now submits that the Medical Education Department had forwarded it to the Health Department, who denies having received the same. It is clear that the petitioner could not have submitted an application for reimbursement without the original bills. Therefore, the originals of the bills must have been lost in the office of the respondents themselves. As such, the petitioner cannot be directed to give any further undertaking in that regard. In the above circumstances, the writ petition is disposed of directing the respondents to process the medical reimbursement application of the petitioner on the basis of the duplicate bills available with them without insisting on any further undertaking by the petitioner in regard to the original bills, and disburse the benefits due to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/