IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.13773 OF 2011 Date:14.07.2011 Between:- A.Rajamani .. Petitioner And The Government of Andhra Pradesh, Education Department, Hyderabad and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.13773 OF 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the respondents in not settling the medical reimbursement bill of the petitioner in accordance with G.O.Ms.No.397, dated 14.11.2008, inspite of submitting several representations, dated 28.04.2010, 28.05.2010, 26.11.2010 and 03.12.2010, as illegal and arbitrary and consequently, direct the respondents to consider the medical reimbursement bill of the petitioner in accordance with the said G.O. 2. The petitioner has been appointed as Driver on 07.11.1985 in respondent No.3 University and retired as Driver on 31.05.2010. He was entrusted with heavy vehicle duties. On 17.02.2010, he underwent open heart surgery in NIMS Hospital, Hyderabad. For undergoing the said operation, he incurred an amount of Rs.1,61,107/-. As per G.O.Ms.No.397, dated 14.11.2008, the Government of Andhra Pradesh issued orders providing maximum ceiling limit of Rs.2 lakhs/Rs.1 lakh of medical reimbursement to the serving and retired employees. Rs.2,00,000/- is fixed for major ailment of Bypass Heart Surgery, CABS, Double Valve replacement, Open Heart Procedure Aortic Valve replacement etc for the treatment obtained in NIMS, Hyderabad and SVIMs, Hyderabad or the actual cost, whichever is less and the said G.O. is applicable to both serving employees and the pensioners. The expenditure incurred by the petitioner is Rs.1,61,107/-. After undergoing the treatment, he submitted his medical bill for Rs.1,61,107/- along with original hospital admit and discharge summaries to respondent No.2 university on 28.05.2010 for reimbursement purpose. He filed number of representations to respondent No.2 on 28.04.2010, 28.05.2010, 26.11.2010 and 03.12.2010 and also got issued legal notice on 06.04.2011 but no action has been taken. He also made a representation to respondent No.1 on 20.01.2011 but in vain. He even made representation to respondent No.2 through the A.P. State Commissioner for SCs and STs but of no use. The Committee of the University consisting of Vice Chancellor, Registrar and three other Government nominated members held meetings on various dates but despite that, respondent No.2 did not take any steps to place this issue before the Committee. Hence, the writ petition. 3. Heard. 4. The grievance of the petitioner is that respondent Nos.2 and 3 are not settling his medical reimbursement bill in terms of G.O.Ms.No.397, dated 14.11.2008 in spite of making several representations to the University. Whether the petitioner is entitled to the benefits of medical reimbursement in terms of G.O.Ms.No.397, dated 14.11.2008, and whether the said G.O. is applicable to the case of petitioner or not have to be decided by respondent Nos.2 and 3. Therefore, respondent Nos.2 and 3 are directed to take appropriate decision on the representations, dated 28.04.2010, 28.05.2010, 26.11.2010 and 03.12.2010, of the petitioner with regard to reimbursement of his medical expenses and pass necessary orders thereon within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter, communicate the same to the petitioner. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 14th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.13773 OF 2011 Date:14.07.2011 AMD