IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WA.No. 2429 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN OP.16506/2000 DATED 11/07/2008 .................... APPELLANTS/ RESPONDENTS IN W.P.(C): ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM. BY GOVERNMENT PLEADER SMT. MEERA.B. RESPONDENT/ PETITIONER IN THE W.P.(C): --------------------------------------------------------------- P. SUKUMARAN, S/O. RAVUNNI NAIR, JUNIOR SUPERINTENDENT, DISTRICT POLICE OFFICE, MALAPPURAM, RESIDING AT “PRASOONAM”, CHERIYIL, MUNDUPARAMBA.P.O., MALAPPURAM. BY ADV. SRI. C.S. DIAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. KOSHY, Ag. CHIEF JUSTICE & P.R. RAMACHANDRA MENON, J. ........................................................................ W.A. No. 2429 OF 2008 ......................................................................... Dated this the 6th January, 2009 J U D G M E N T KOSHY, Ag. CJ. : The petitioner/respondent herein is working as the Junior Superintendent in the office of the Superintendent of Police, Malappuram . The petitioner was under the treatment for heart disease in the Sree Chitra Thirunal Institute of Medical Science and Technology, Thiruvananthapuram. He was advised for an urgent heart operation. In view of the long waiting list in Sree Chitra Thirunal Institure of Medical Science and Technology, he was advised for an early surgery elsewhere. Therefore his surgery was conducted in SUT hospital. He was granted an interest free loan for a sum of Rs.85,000/-. The total medical expenditure came to Rs.1,43,145.75/-. When the bill for reimbursement was presented, he was granted only Rs.83,745/- and directed recovery of the balance amount from him out of the W.A. No. 2429 OF 2008 2 loan advance. Challenging these proceedings the petitioner approached this court with the Writ Petition for reimbursement of the entire expenses incurred for the treatment. The learned single Judge found that Sree Chitra Thirunal Institute of Medical Science and Technology is the only hospital which had the facility for heart operation during the relevant time. But in view of the long booking, for emergent surgeries, the patients have to approach other hospitals. In this case, the petitioner was advised by Sree Chitra Thirunal Institute of Medical Science and Technology for an emergent surgery and he was admitted in SUT hospital. It was submitted by the learned Government Pleader that reimbursement was granted as per the provisions under Rule 8(3) of the Kerala Government Servants Medical Attendance Rules 1960 and that the entire bill cannot be reimbursed. It was also submitted that no medical expenses in excess of what is permissible under Rule 8(3) of the Rules could be reimbursed. The learned single Judge has observed that since the rules do not visualize the case of emergency surgery required W.A. No. 2429 OF 2008 3 to save life like by-pass surgery, the rules require amendment. However taking into consideration the Government Order, G.O.(P) No. 45/97/H& FWD dated 18.02.1997, which provides for reimbursement for a sum of Rs.One lakh for coronary artery by-pass surgery, the learned single Judge directed to reimburse Rs.One lakh to the petitioner while adjusting the loan amount. Claim for the balance Rs.43,145.75/- as per the bill was disallowed. In the facts and circumstances of the case we agree with the learned single Judge. In any event we are of the view that this is not a fit case to be interfered with by this court in an intra court appeal. The orders passed by the learned single Judge is just and reasonable . The Writ Appeal lacks merit and accordingly it is dismissed. J.B. KOSHY, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk