IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 36577 of 2008(D) --------------------------------------- PETITIONER(S): ----------------------- K.C.PETER, S/O. K.P.CHACKO KOIKKARA HOUSE, 44/1837 A CHERUPUZHPAM LANE, KALOOR, KOCHI 17. BY ADV. MR.P.K.SOYUZ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM 2. THE DIRECTOR OF URBEN AFFAIRS, THIRUVANANTHAPURAM. 3. CHERTHALA MUNICIPALITY, REP.BY ITS SECRETARY, MUNICIPAL OFFICE, CHERTHALA. Addl. 4TH RESPONDENT IMPLEADED. 4. THE SECRETARY, HEALTH AND FAMILY WELFAR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL. 4TH RESPONDENT IMPLEADED AS PER ORDER DT. 3.3.09 IN IA. NI.3196/2009 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH ADV. MR. J .OM PRAKASH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36577/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER. P2:- COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S SO. P3:- COPY OF THE APPLICATIONS DT. 3.1.08. P4:- COPY OF THE APPLICATIONS DT. 3.1.08. P5:- COPY OF THE LETTER ISSUED B THE 2ND RESPONDENT TO THE 3RD RESPONDENT DT. 14.3.08. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DT. 10.4.08. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 22.7.08. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT DT. 22.7.08. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36577/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2009 J U D G M E N T The petitioner is working as Health Supervisor in Cochin Corporation since 22/06/2008. He was working as Health Supervisor in the third respondent Municipality from July 2006 to January 2008. The petitioners younger son was advised kidney transplantation in June 2007. Accordingly, he had admitted him in the Amritha Institute for Medical Sciences for surgery. The surgery was successful. It is evidenced by Exts.P1 and P2. According to the petitioner, he has spent more than Rs.5,00,000/- for the treatment of his son. The petitioner submitted Ext.P3 application for medical reimbursement under the relevant rules namely the Kerala Government Servant's Medical Attendance Rules along with the relevant bills, certificate and the other documents to the third respondent. 2. Meanwhile, the petitioner was transferred from the third respondent Municipality to the Aluva Municipality and from there to the Cochin Corporation. 3. The petitioner was informed by the second respondent that the resolution of the Municipal Council is necessary for processing of the application. This is evidenced by Ext.P5. Thereafter, he approached the W.P.(C) No.36577/2008 -:2:- third respondent Municipality to take appropriate action in the matter, and the copy of the same is produced as Ext.P6. Again, he submitted Ext.P7 representation before the second respondent and the first respondent was also addressed by a similar representation (Ext.P8). The respondents have not considered his representations. In these circumstances, he has filed this writ petition. 4. The third respondent Municipality has filed a counter affidavit. It is averred that by Ext.R3(1) resolution No.2 dated 15/01/2009, the Municipal Council has resolved to disburse Rs.2,32,690/- towards medical reimbursement to the petitioner in 10 monthly instalments. It is also submitted by the learned Standing Counsel that all the required documents have been forwarded to the second respondent for sanction. 5. As per Government circular No.48811/G2/08/H&FWD, dated 06/12/2008, the sanction will have to be given by the Health and Family Welfare Department also. 6. In the result, the writ petition is disposed of with the following directions:- i. The second respondent will process the application and forward the same to the first respondent for sanction along with appropriate recommendation. The same shall be done within a period of one month from the date of receipt of the copy of this judgment. W.P.(C) No.36577/2008 -:3:- ii. The Secretary, Local Self Government Department will pass appropriate orders after getting concurrence from the Secretary Health and Family Welfare Department. Appropriate action shall be taken and final orders shall be passed within a period of two months thereafter. iii. The resolution of the Municipality shows that the amount is sought to be disbursed by ten monthly instalments. The learned counsel for the petitioner submitted that in view of the fact that he has already paid the bills to the hospital, the grant of instalments will deprive him the real benefit of the sanction of medical reimbursement. While passing orders in the matter, the first respondent will issue appropriate orders to the Municipality with regard to the mode of payment and other stipulations in that regard. No costs. (T.R. Ramachandran Nair, Judge.) ms