IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 17190 of 2004(U) -------------------------- PETITIONER(S): --------------- B.SUBAIDA, W/O. N.BASHEER, AGED 53 YEARS, NEEDLE WORK TEACHER, V.H.M. HIGHER SECONDARY SCHOOL, MORAYUR, RESIDING AT `PRIJEENA MANZIL', MORAYUR P.O., PIN-673 649. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.17190 of 2004 ================== Dated this the 16th day of November, 2009 J U D G M E N T The petitioner is a Needle Work Teacher in V.H.M. Higher Secondary School, Morayur in Malappuram District. She underwent a cardiac surgery in a hospital in Madras and sought reimbursement of the medical expenses for undergoing such surgery. The same was rejected on the ground that the petitioner has undergone the surgery outside the State without obtaining prior permission from the Government. Ext.P11 is the order in that regard. The petitioner is challenging the same. 2. The petitioner raises her claim primarily on the basis of Ext.P12 order, whereby in respect of the husband of another teacher, medical reimbursement was sanctioned although the said teacher also had not obtained prior permission from the Government for seeking treatment outside the State. 3. In the statement submitted by the 1st respondent it is stated that the case of the teacher covered by Ext.P12 is different from the case of the petitioner in so far as the husband of the said teacher covered by Ext.P12 was referred for treatment in a hospital outside the State on the reference of an Assistant Professor of Medical College, Kozhikode, who is a competent medical officer to refer a patient for 2 treatment outside the State, when he finds that immediate attention for medical care with sufficient expertise is necessary in a contingency. 4. The petitioner does not dispute the fact that as per the rules for getting treatment outside the State prior permission from the Government is mandatory. The petitioner has no case that the petitioner obtained such prior permission. The petitioner has also no case that any competent officer in any medical college in the State had referred the petitioner for treatment outside the State. As such, the petitioner cannot as of right claim reimbursement of the medical expenses for the surgery undergone by her. 5. However, the petitioner has, along with I.A.No.13638/ 2005, produced Ext.P13 communication dated 24.2.2005 from the District Educational Officer, whereby the petitioner's application has been returned to the petitioner with an advice to the petitioner to resubmit the same after obtaining ex-post facto sanction from the Government for obtaining treatment outside the State. In the above circumstances, without prejudice to the right of the petitioner to pursue Ext.P13 appropriately, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3