1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.4605 of 2011 P.Suraliammal :Petitioner -Vs- 1.The Government of Tamil Nadu Represented by its Secretary, Education Department, Fort St. George, Chennai-9. 2.The Director of Elementary Education, O/o.The Elementary Education, College Road, Chennai-600 006. 3.The District Elementary Educational Officer, Theni District, Theni. 4.The Assistant Elementary Educational Officer, Andipatti, Theni District. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to sanction the medical reimbursement for the Kidney transplantation of the petitioner's husband effected in the year 1997, based on the petitioner's representation dated 04.01.2011. For Petitioner :Mr.K.Kannan For Respondents:Mr.V.Rajasekaran,Special Government Pleader ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2.By consent, the Writ Petition itself is taken up for final disposal. 3.The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to sanction the medical reimbursement for the Kidney transplantation of her husband effected in the year 1997, based on her representation dated 04.01.2011. 4.The short background of the matter is set out hereunder: (a)The petitioner's father-in-law late Perumal was working as a teacher in Theni District. He died on 22.02.1998. Before his death, her husband was affected by renal failure and hence, he has undergone an operation at Sumathy Hospital, Anna Nagar, Madurai. Since her father-in-law was working as a teacher in the Panchayat Union Primary School, the respondents deducted some amount from his salary towards medical reimbursement fund. (b)After the death of her father-in-law, her husband made a representation dated 19.09.2001 to the third respondent to provide medical reimbursement. However, the same was turned down on the ground that he did not undergo the operation in the Government Hospital or in the Government Recognized Hospital as per the Government Order made in G.O.No.400, dated 29.08.2000. Therefore, the petitioner's husband moved this Court by filing a Writ Petition in W.P.No.6624 of 2005. The said Writ Petition was allowed by this Court on 04.07.2007, directing the respondents to grant the medical reimbursement as claimed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 (c)In the meanwhile, her husband died on 31.12.2009. Thereafter, the petitioner, in pursuant to the orders of this Court, referred to earlier, approached the respondents with a representation to provide medical reimbursement. However, till date, the same has not been considered and hence, the petitioner has come up with the present Writ Petition. 5.The learned Special Government Pleader appearing for the respondents submitted that the proposal of the third respondent was sent to the second respondent and it is awaiting orders from the second respondent. 6.The facts extracted above would disclose that already this Court considered the Writ Petition filed by the petitioner's husband in W.P.No.6624 of 2005 and by an order dated 04.07.2007, the following order was passed: "9. In the light of the above, the Writ Petition shall stand allowed. The respondents are directed to grant the medical reimbursement as claimed by the petitioner, of course, subject to verification of the claim made by the petitioner. This exercise shall be undergone by the respondents and the amounts are to be released within four weeks from the date of receipt of a copy of this order." 7.Thus, this Court directed the respondents to settle the medical reimbursement to the petitioner's husband. In such circumstances, since the petitioner's husband died on 31.12.2009, it is needless to say that the respondents have to settle the amount to the petitioner. Without doing so, the respondents are driving the petitioner from pillar to post. It is now stated by the learned Special Government Pleader appearing for the respondents that the third respondent has sent a proposal to the second respondent and the orders are awaited from the second respondent. 8.In view of the above stated position, I direct the second respondent to settle the medical reimbursement to the petitioner, which was already directed by this Court in the Writ Petition referred to above. The said exercise has to be carried out by the second respondent, within a period of four weeks from the date of receipt of a copy of this order. 9.The Writ Petition stands ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To:1.The Secretary, Government of Tamilnadu, Education Department, Fort St. George, Chennai-9. 2.The Director of Elementary Education, O/o.The Elementary Education, College Road, Chennai-600 006. 3.The District Elementary Educational Officer, Theni District, Theni. 4.The Assistant Elementary Educational Officer, Andipatti, Theni District. +1cc TO The Special Government Pleader. SR.No.15813. SML Order made in WP(MD)No.4605 of 2011 RP/23.05.2011/2P/6C. 28.04.2011. https://hcservices.ecourts.gov.in/hcservices/