IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 25855 of 2011(F) -------------------------- PETITIONER: --------------- SMT.LIZIAMMA JOHN, HIGH SCHOOL ASSISTANT (SS), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, PONKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001. 2. STATE PROJECT DIRECTOR, SARVA SHIKSHA ABHIYAN (SSA), SSA BHAVAN, NANDAVANAM, THIRUVANANTHAPURAM-695033. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 25855 of 2011(F) PETITIONER(S) EXHIBITS EXT.P1 COPY OF THE COMMUNICATION NO.F.1/1218/2011/S.S.A. DATED 10/5/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 COPY OF THE COMMUNICATION DATED 24/5/2011 ISSUED BY THE DISTRICT PROJECT OFFICER, SSA, KOTTAYAM. EXT.P3 COPY OF THE COMMUNICATION DATED 27/5/2011 ISSUED BY THE PROGRAM OFFICER; BRC ETTUMANOOR. EXT.P4 COPY OF THE COMMUNICATION NO.F1-1218/2011/S.S.A. DATED 20/7/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P5 COPY OF THE KERALA GOVERNMENT SERVANT'S MEDICAL ATTENDANCE RULES, 1960. RESPONDENTS' EXHIBITS :NIL T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25855 of 2011 -------------------------------------------------- DATED THIS THE 28th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner is working as High School Assistant (SS) in the Government Vocational Higher Secondary School, Ponkunnam, Kottayam. The challenge is against Exhibit P4 communication issued by the State Project Director, Sarva Shiksha Abhiyan(SSA). 2. The matter concerns the medical reimbursement claim admissible for the treatment of the husband of the petitioner, who is a service pensioner. The view taken in Exhibit P4 is that as he is a service pensioner, there is no entitlement for the claim. 3. The learned Government Pleader on getting instructions from the State Project Director, SSA, Kerala, submitted that on further verification it is found that the expenses incurred in connection with the treatment of the spouse of a Government employee can be reimbursed even if the spouse is a service pensioner and action is being taken for sanction of the amount, subject to approval by the Director of Health W.P.(C)No.25855/11 -2- Services & Government. 4. In that view of the matter, the Writ Petition is allowed recording the submission that the claim of the petitioner is being processed and expenses are liable to be reimbursed. Action will be finalised within a period of two months from the date of receipt of a copy of this judgment. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE). dsn