IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 11450 of 2006(K) -------------------------- PETITIONER: ------------ M.SIVASANAKARA PILLAI, AGED 65 YEARS, (EX-HAVILDAR 6280059 SIGNAL CORPS), S/O.MADHAAVAN PILLAI, THARAYIL HOUSE, PERUNGOLA P.O., KAYAMKULAM, ALLEPPEY DISTRICT. BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENTS: ------------- 1. UNION OF INDIA, REP. BY THE DEFENCE SECRETARY, SOUTH BLOCK, NEW DELHI-110 001. 2. MANAGING DIRECTOR ECHS (EX-SERVICEMEN CONTRIBUTORY HEALTH SCHEME), CENTRAL ORGANIZATION, ECHS, AG'S BRANCH, ARMY HEAD QUARTERS MANDE LINE, DELHI-CONNOT-1110010. 3. THE STATION COMMANDER, STATION HEAD QUARTERS, KOCHI (ARMY), INS VENDURUTHY, KOCHI 682 004. 4. THE OFFICER-IN-CHARGE, ECHS POLY CLINIC, NAVSAL BASE. COCHIN. BY ADV. SRI.P.PARAMESWARAN NAIR,ASGI SRI.P.S.BIJU, ADDL.CGSC FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/7/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE IDENTITY CARD(EX-SERVICE MEN). EXT.P2 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF PENSION CERTIFICATE. EXT.P3 TRUE PHOTOSTAT COPY OF THE PENSION CERTIFICATE DTD. 19.4.2005. EXT.P4 TRUE PHOTOSTAT COPY OF THE TRIPLICATE OF THE MILITARY RECEIVABLE ORDER DATED 20.4.2005. EXT.P5 TRUE COPY OF THE SMART CARD ISSUED TO THE PETR. EXT.P6 TRUE PHOTOSTAT COPY OF THE ANGIOGRAM REPORT DTD. 12.4.2005. EXT.P7 TRUE PHOTOSTAT COPY OF THE “INPATIENT COLLECTION AND APPROPRIATE SUMMARY”. EXT.P8 TRUE PHOTOSTAT COPY OF THE CABG DIAGARAM DTD.25.4.2005. EXT.P9 TRUE PHOTOSTAT COPY OF THE DISCHARGE SUMMARY. EXT.P10 TRUE PHOTOSTAT COPY OF THE INPATIENT COLLECTION AND APPRIATE SUMMARY DTD.3.5.2005. EXT.P11 TRUE PHOTOST COPY OF THE ROUGH WITH BILL PARTICULARS OF THE TOTAL EXPENDITURE. EXT.P12 TRUE PHOTOSTAT COPY OF THE PETITION DTD.13.7.2005. EXT.P13 TRUE PHOTOST COPY OF THE COMMUNICATION DTD.21.7.2005. EXT.P14 TRUE PHOTOST COPY OF THE COMMUNICATION DTD.3.8.2005. EXT.P15 TRUE PHOTOSTAT COPY OF THE LETTER NO.ECHS/KOCHI DTD. 6.10.2005. EXT.P16 TRUE PHOTOSTAT COPY OF THE PETITION DTD.10.11.2005 ADDRESSED TO THE 2ND RESPONDENT. EXT.P17 TRUE COPY OF THE REMINDER TO THE 2ND RESPONDENT DTD. 16/1/2006. TRUE COPY P.A.TO JUDGE P.N.RAVINDRAN, J. ====================================== W.P.(C)No.11450 of 2006 ====================================== Dated this the 23rd day of July 2008 The petitioner is an ex-service man. He retired from the Indian Army on 31.12.1982. The petitioner was empanelled as a member of the Ex-service men Contributory Health Scheme introduced by the defence department of the Government of India on 20.4.2005. On the very same day, he reported sick in the Polyclinic at INS Sanjeevani in the Cochin Naval Base. On 23.4.2005, he was admitted as an inpatient in the Amritha Institute of Medical Science and Research Centre, Kochi. He underwent heart surgery on 25.4.2005 and was discharged from the hospital on 3.5.2005. At that time Amritha Institute of Medical Science and Research Centre was not included in the list of empanelled hospitals approved by the Ex-service men Contributory Health Scheme. However, on 4.5.2005 the said hospital was included in the list of empanelled hospitals. The petitioner thereafter made a claim for re-imbursement of the expenses incurred by him at Amrita Institute of Medical Science and Research Centre, Kochi. By Ext.P15, the said request was turned down on the ground that the facilities for surgery undergone by the petitioner existed in the Lisie Hospital, Kochi and that he opted for a non- empanelled hospital in spite of the facilities available in the Lisie Hospital without there being any reason for availing emergency medical care. It is also stated that the petitioner had, on 12.4.2005, undergone a W.P.(C)11450/2006 2 check up at the Amrita Institute of Medical Science and Research Centre, Kochi and on finding that he is suffering from a Coronary Artery disease became a member of the scheme and reported the very same day at INS Sanjeevani. 2. I have heard Sri.R.Pushpangathan Pillai, the learned counsel appearing for the petitioner and Sri.P.S.Biju, the Additional Central Government Standing Counsel appearing for the respondents. The learned counsel for the petitioner contended that as the Amrita Institute of Medical Science and Research Centre was included in the list of empanelled hospitals on 4.5.2005, the petitioner being a member of the scheme, the stand taken in Ext.P15 is not tenable. The learned counsel for the petitioner also contended that as the respondents have no case in Ext.P15 that the petitioner had incurred extra expenditure in a non- empanelled hospital, the stand taken in Ext.P15 is not tenable. Per contra, the learned counsel appearing for the respondents contended that the conduct of the petitioner disentitles him to any relief under Article 226 of the Constitution of India. The learned counsel for the respondents brought to my notice that the petitioner had prior to becoming a member of the scheme, taken treatment at Amrita Institute of Medical Science and Research Centre and on being diagnosed as suffering from heart disease became a member of the scheme. Lastly, the learned counsel for the respondents submitted that in any view of the matter, the petitioner cannot claim expenses incurred prior to 20.4.2005. W.P.(C)11450/2006 3 3. I have considered the submissions made at the bar by the counsel appearing on either side. It is not in dispute that the petitioner is a pensioner drawing a monthly pension of Rs.3461/-. It is also not in dispute that he was admitted as a member of the scheme on 20.4.2005. It is also not in dispute that the day after the petitioner was discharged from Amrita Institute of Medical Science and Research Centre, that hospital was included in the list of empanelled hospitals. Having regard to the totality of the facts and circumstances of the case and also the absence of a plea that the petitioner had incurred extra expenditure by undergoing treatment in the Amrita Institute of Medical Science and Research Centre, I deem it fit and proper to direct the respondents to re-imburse the expenses incurred by him for the surgery that he underwent on 25.4.2005 at the said hosptial. The petitioner shall, if he has not already done so, submit to the second respondent authenticated receipts evidencing payment of the bills issued from the Amrita Institute of Medical Science and Research Centre, Kochi for the period from 23.4.2005 to 3.5.2005. On the petitioner furnishing the above details, the second respondent shall re-imburse the actual expenses incurred by the petitioner within two months thereafter. The writ petition is allowed as above. No costs. P.N.RAVINDRAN, JUDGE css/