IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2010 CORAM: THE HONOURABLE MS. JUSTICE K.B.K.VASUKI W.P. NO.7401 OF 2010 AND M.P. NO. 1 OF 2010 N.Narayanan .. Petitioner vs. 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd. No.12, Ramakrishnan Road Salem. 2.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd. Bharathipuram Dharmapuri District. 3.The Director Medical cum Rural Welfare Scheme Teynampet, Chennai-600 006. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the second respondent to reimburse the petitioner forthwith the medical expenses incurred by the petitioner for brain surgery along with interest at the rate of 12% per annum and award costs. For Petitioner : Mr. M.Selvam For Respondents : Mr.Ravi Bharathi for R1 O R D E R On consent, the writ petition is taken up for final hearing. 2. The writ petition is filed for issuing suitable direction to the second respondent to reimburse to the petitioner the medical expenses incurred by him for his brain surgery. https://hcservices.ecourts.gov.in/hcservices/ 3. The facts which remain undisputed are as follows: The petitioner is permanently employed as driver in the first respondent transport corporation. Whileso, he had severe headache on 02.10.2007 and he was immediately admitted in Manipal Hospital at Bangalore. After diagnosis, he was found to be suffering from left internal carotid artery bifurcation aneurysm and he was operated on 04.10.2007 and was discharged on 10.10.2007 and the petitioner was on medical leave during the period of his hospitalisation as above referred to. After getting discharged, the petitioner submitted his representation to the first respondent corporation for getting reimbursement of medical expenses to the tune of Rs.87,719/-, incurred by him for the surgery. The representation was made on 14.12.2007 along with all the medical records and the necessary bills. The first respondent has, on receipt of the same, forwarded the same to the third respondent on 08.09.2008 for his medical opinion. After repeated reminders from the first respondent corporation, the third respondent has finally forwarded his opinion on 17.02.2010, as per which the surgery undergone by the petitioner is serious and urgent and the same is covered under the relevant G.O.Ms.No.377 dated 13.10.2005, and the hospital, in under which the surgery undergone is not in the list of recognised hospitals and Government estimate is also obtained. However, no final order is passed on the representation given by the petitioner till date which compelled the petitioner to file this writ petition for appropriate direction to the first respondent to reimburse the expenses incurred by him. 4. Heard rival submissions made on both sides. 5. This Court is of the considered view that the factum of surgery undergone by the petitioner and the correctness of the medical records including the bills submitted by the petitioner along with his representation dated 14.12.2007 are not disputed on the side of the respondents. The nature of the surgery undergone by the petitioner is also covered under the medical scheme as per which the employees are entitled to get upto 1,00,000/- for the treatment covered under the relevant G.O. In this case, the petitioner has reported to have spent Rs.87,719/- As the same is within the limit provided under the relevant G.O., the first respondent is bound to honour its commitment to its employees in the matter of reimbursement of medical expenses. The learned counsel for the respondents has also fairly conceded that the petitioner is entitled to get his medical expenses reimbursed. But what is urged by him is that the medical records of the petitioner along with medical opinion of the third respondent will be placed before the Board and it is for the Board to decide the exact quantum of the amount due to be reimbursed to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 6. That being so, this Court is of the considered view that it would be appropriate to direct the first respondent to forward the petitioner's representation along with entire medical records including the bills along with the medical opinion of the third respondent to the Board within two weeks from the date of receipt of copy of this order. The Board is directed to pass final orders for the exact amount due to be reimbursed to the petitioner within four weeks thereafter and the amount so fixed by the medical Board shall be paid to the petitioner within four weeks after the final order is passed by the Board. 7. With the above observation, this writ petition is disposed of. The connected miscellaneous petition is closed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kj To 1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd. No.12, Ramakrishnan Road Salem. 2. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd. Bharathipuram Dharmapuri District. 3. The Director Medical cum Rural Welfare Scheme Teynampet, Chennai-600 006. + 1 CC TO Mr.M.Selvam, Advocate Sr 48912 W.P. No.7401 of 2010 and M.P. No. 1 of 2010 RSM (CO) RH (9.7.10) https://hcservices.ecourts.gov.in/hcservices/