IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2008 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.NO.26010 of 2008 & M.P.No.1 of 2008 Mrs.Ambika Devi ..Petitioner -vs- 1. The Director of Pension II Block III floor DMS Complex Chennai 600 006 2. The District Elementary Education Officer Vellore 9 3. The Assistant Elementary Education Officer Tirupattur, Vellore District ..Respondents Petition under Article 226 of the Constitution of India for the issuance of a writ of Certiorarified Mandamus calling for the records pertaining to order bearing No. A.T.M.U.No.3005/A5/2006 dated 06/07/2006 of the second respondent dated 01.06.2006 and quash the same and consequently direct the respondent to pay the medical reimbursement of Rs.1,16,925/- or any eligible amount. For petitioner : Mr.T.R.Rajagajenthiran For respondents : Mrs.Lita Srinvasan, G.A O R D E R The writ petitioner retired from service as Elementary School Headmistress on 31.1.2007. During her service, she was admitted in Narayana Hrudailaya at Bangalore on 1.4.2006, underwent open by pass surgery and was discharged from the hospital on 12.4.2006. She has spent totally a sum of Rs.1,16,925/-. 2. She submitted the medical bills on 6.1.2006 to the third respondent during her service for the purpose of reimbursement of the amount as per the Government Order. The third respondent forwarded the same to the second respondent. By the impugned order, her request was rejected, as she had not taken treatment in the listed hospital but she has taken treatment from another state. She again submitted a https://hcservices.ecourts.gov.in/hcservices/ representation dated 5.4.2008 along with all medical bills. But no order was passed by the respondents till date. 3. In these circumstances, the petitioner has filed the present Writ Petition to quash the order of the second respondent dated 1.6.2006 and for a direction against the respondents to pay the medical reimbursement of Rs.1,16,925/-. 4. Such right of the petitioner to have the reimbursement of the medical expenses incurred by her cannot be denied by the respondents or the respondents cannot impose any condition that a particular type of treatment alone should be taken or the treatment should be taken in a particular hospital. The same was held in Ramalingam Vs. the Director of Collegiate Education reported in 2006 (4) CTC 832 and also in C.Nagamuthu vs. State of Tamil Nadu and Others reported in 2006-3 LW 529. 5. It was also held by the Hon'ble Apex Court in Consumer Education and Research Centre vs. Unoin of India reported in 1995 (3) SCC 42 that the right to health to a worker is an integral facet of meaningful right to life under Article 21 of the Constitution of India. 6. The Government is under legal obligation to provide health facilities and continue in cases where the Government servant is required treatment in a specialised hospital. It is the duty of the Government to bear the said expenses. 7. In view of the above legal position, it is the duty on the part of the Government to approve the medical expenses incurred by the petitioner. 8. In view of the same, the Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 5.4.2008 regarding payment of medical reimbursement amount of Rs.1,16,925/- and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. The connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ajr To 1. The Director of Pension II Block III floor DMS Complex Chennai 600 006 2. The District Elementary Education Officer Vellore 9 3. The Assistant Elementary Education Officer Tirupattur, Vellore District 1 cc To Mr.T.R.Rajagajenthiran Advocate, SR.66091 W.P.NO.26010 of 2008 TS(CO) SRA(02/12/2008) https://hcservices.ecourts.gov.in/hcservices/