IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20054 of 2010(S) -------------------------- OA.214/2009 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): -------------------- 1. UNION OF INDIA,REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY,HEADQUARTERS, PARK TOWN.P.O,CHENNAI-3. 2. THE CHIEF MEDICAL DIRECTOR,SOUTHERN RAILWAY,HEAD QUARTERS OFFICE,PARK TOWN.P.O, CHENNAI-3. 3. THE MEDICAL SUPERINTENDENT,SOUTHERN RAILWAY MEDICAL BRANCH,TRIVANDRUM DIVISION, TRIVANDRUM-24. 4. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,TRIVANDRUM DIVISION, TRIVANDRUM-14. BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS RESPONDENT: -------------------- A.SREERENGAN,(RETIRED KEY MAN,SOUTHERN RAILWAY,TRIVANDRUM DIVISION),RESIDING AT AMBANATTU HOUSE,VENGA.P.O,SASTHAMCOTTA,KOLLAM DISTRICT. PIN-690569. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C.)No.20054 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of June, 2010. Judgment Thottathil B.Radhakrishnan, J. The respondent was a railway servant. He and his wife were travelling from Guruvayur to Kollam by train. Midway, he fell sick. He had a cardiac episode. He was taken to the Amrita Hospital. He underwent certain procedures. The respondent made a claim for medical reimbursement. On failure to satisfy the claim, respondent moved the Central Administrative Tribunal. The defence set up by the Railways relying on the Rules did not appeal to the Tribunal and the impugned order was issued directing that the case of the applicant be considered by the Chief Medical Director and that the case be re-examined keeping in view the decision of the Tribunal in O.A.564/2006 referred WPC20054/10 -: 2 :- to in the impugned order. The Chief Medical Director was to pass appropriate orders in accordance with law in respect of the claim of the applicant within a period of three months. We do not find any error of jurisdiction or legal infirmity in the impugned order. There is no injustice, at any rate, against the establishment. The writ petition fails. The same is dismissed in limine. On the request of the establishment, through its counsel, the time for carrying out the directions contained in the impugned order will stand extended by one month from today. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/0807