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 FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 2492 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.16493/2000 .................... APPELLANT(S): RESPONDENTS IN WPC ---------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM. BY GOVERNMENT PLEADER SMT.K.MEERA RESPONDENT(S): PETITIONER IN THE WPC ---------------------------- M.KUNHIRAMAN, S/O. CHEKKUTTY, HEAD CONSTABLE-HC.1564, DISTRICT SPECIAL BRANCH, MALAPPURAM, RESIDING AT THEKKUNTHODI HOUSE, NALLOOR, FEROKE P.O. KOZHIKODE. ADV. SRI.P.GOPAKUMARAN NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag. CHIEF JUSTICE & P.R. RAMACHANDRA MENON, J. ........................................................................ W.A. No. 2492 OF 2008 ......................................................................... Dated this the 9th January, 2009 J U D G M E N T KOSHY, Ag. CJ. : The writ petitioner/respondent herein while working as the Head Constable 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 coronary artery by-pass surgery. 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.80,000/-. The total medical expenditure came to Rs.1,13,289/-. When the bill for reimbursement was presented, he was granted only Rs.70,939/- and directed recovery of the excess amount of Rs.9061/- from him out of the loan advance. Challenging these proceedings the W.A. No. 2492 OF 2008 2 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 to save life like by-pass surgery, the rules require amendment. However taking into consideration the W.A. No. 2492 OF 2008 3 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 amount 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