IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 28904 of 2011 (K) ------------------------- PETITIONER(S): ----------------------- B. SOUDAMINI, RETIRED AGRICULTURAL ASSISTANT, AGED 56 YEARS, W/O.SUNDARESAN, RESIDING AT S.S. VILLA, POOVATTOOR EAST, KALAYAPURAM P.O., KOTTARAKARA. BY ADV. SMT.I.S.LAILA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF AGRICULTURE, OFFICE OF THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, KOLLAM.PIN-695 006 4. THE AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, MYLOM.PIN-695 009 BY SR GOVERNMENT PLEADER SRI.ABDUL KADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28904/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT INCLUDING THE CLAIM STATEMENT (EXCLUDING THE MEDICAL BILLS) P1(A) COPY OF THE LETTER DATED 22/3/2011 ISSUED BY THE 3RD RESPONDENT FORWARDING EXT.P1 TO THE 2ND RESPONDENT. P2 COPY OF THE REPLY LETTER NO.A 211/11 DATED 11/5/2011 ISSUED BY THE 2ND RESPONDENT. P3 COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE 3RD RESPONDENT. P4 COPY OF THE RELEVANT PORTION OF GOVERNMENT ORDER GO(MS)NO.219/871 H & FWD DATED 10TH NOVEMBER 1987. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J = = = = = = = = = = = = WP(C).No.28904 of 2011. = = = = = = = = = = = = Dated this the 22nd December, 2011. J U D G M E N T The petitioner is a retired Government employee. She has retired from the Agricultural Department in March, 2011. While she was in service, her husband who is a retired Police Head Constable, suffered a cardiac arrest and had to undergo a bypass surgery at Sri.Chithra Tirunal Institute for Medical Science and Technology, Thiruvananthapuram. The treatment required considerable expenditure and the petitioner sought reimbursement of the medical expenses. But the second respondent returned her application as per Ext.P2 communication for the reason that, the petitioner's husband was a retired Government servant. The stand of the second respondent that the petitioner is not entitled to claim reimbursement of the expenses of treatment of her WP(C).No.28904/2011. 2 husband for the reason that he was a retired Government employee is according to the petitioner untenable. Therefore, the petitioner has filed this writ petition seeking appropriate reliefs. 2. According to the counsel for the petitioner, she is entitled to the reimbursement that she has claimed in view of the provisions of the Kerala Government Servants Medical Attendance Rules, 1960 ('the Rules' for short), particularly Rules 3(e) and 4(3) of the Rules. Rule 4 provides that even if the spouse is a Government employee, reimbursement is permissible. 3. A statement has been filed on behalf of the first respondent. In the said statement, it is stated that, the Principal Agricultural Officer, Kollam has informed that the petitioner was eligible to get the medical expenses incurred by her, reimbursed. Therefore, her claim has been rejected by mistake. On realizing the mistake, the WP(C).No.28904/2011. 3 petitioner has been directed to resubmit the claim for medical reimbursement. Since the eligibility of the petitioner to claim medical reimbursement of the expenses of the treatment of her husband has been admitted by the Director of Health Services, it is sufficient that the petitioner resubmits the necessary claim forms as directed. 4. In view of the above no further orders are necessary to be issued in this writ petition other than to direct consideration of the petitioner's claim expeditiously. 5. This writ petition is accordingly disposed of giving liberty to the petitioner to resubmit the necessary claim forms for the reimbursement of the medical expenses incurred by her for the treatment of her husband, to the third respondent within two weeks from the date of receipt of a copy of this judgment. The third respondent shall consider and pass orders on the claim forms so submitted, in accordance with the assurance given in the WP(C).No.28904/2011. 4 statement filed in this case and the provisions of the Rules, as expeditiously as possible and at any rate within a period of one month of the receipt of the claim forms of the petitioner. K.SURENDRA MOHAN, (Judge) Kvs/-