IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 28337 of 2008(W) ------------------------------------ PETITIONER(S): ------------------------- ASHA MOHANAN, W/O.P.K.MOHANAN(LATE) POOTHEPPADATH HOUSE NETTOOR, MARADU PO ERNAKULAM BY ADV. MR.T.R.RAJESH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28337/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE ISSUED BY THE DMO ERNAKULAM DT. 29.10.07. P2:- COPY OF THE APPLICATION DT. 8.3.08 ACCOMPANIED BY MEDICAL CERTIFICATE. P3:- COPY OF THE COMMUNICATION DT. NIL. 5.08. P4:- COPY OF THE REPRESENTATION DT. 5.9.08. P5:- COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER DT. 18.2.97. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.28337 of 2008 -------------------------------------- Dated 27th May, 2009 JUDGMENT Heard Sri.T.R.Rajesh, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner's husband late P.K.Mohanan who was employed as a Police Constable in Harbor Police Station, Ernakulam suffered Cerebral Haemorrhage while he was on duty on 29.10.2007. He was immediately taken to the nearest Primary Health Centre at Nettoor. The Medical Officer on duty, on noticing the critical condition of the petitioner's husband advised the bystanders to take him to the nearest hospital having facilities for specialised neurological treatment. The petitioner's husband was thereupon taken to the Lakeshore Hospital and Research Centre, Nettoor, the nearest hospital having facilities for providing specialised neurological care. He was admitted as an inpatient on 29.10.2007 itself and while under treatment in the said hospital, he passed away on 13.11.2007. 3. Before the petitioner's husband was hospitalised in the Lakeshore Hospital and Research Centre, the Assistant Surgeon attached to the Primary Health Centre, Nettoor had certified that the WP(C).No.28337/2008 2 Primary Health Centre does not have any facilities to provide medical care and that there is no Government hospital having the facilities to provide the necessary medical care within a radius of five kilometres from Primary Health Centre, Nettoor. That certificate was also counter signed by the District Medical Officer, Ernakulam. It is not in dispute that such facility does not exist in the District Head Quarters Hospital, Ernakulam or in any of the other Government hospital situated nearby. After the petitioner's husband passed away, the petitioner applied for reimbursement of the medical expenses incurred by her. That application was rejected by Ext.P3 letter on the ground that Lakeshore Hospital & Research Centre, Nettoor is not an approved hospital included in the list of hospitals approved by the Government in Ext.P5 Government order. Ext.P3 is under challenge in this writ petition. 4. As per Ext.P5 Government order, the nearest hospital where Government servants can avail neurological care is K.G.Hospital, Coimbatore situated more than 175 Kms. away from Cochin. No one of the hospitals in the State of Kerala is recognised as an approved hospital in Ext.P5. Evidently, the Government does not appear to have noticed that Ext.P5 requires to be modified. A large number of hospitals have come up in the State of Kerala which can WP(C).No.28337/2008 3 provide quality medical care. The condition of the petitioner's husband was so critical that the Doctor on duty at Primary Health Centre, Nettoor advised that he should be given specialised medical care immediately. Therefore, the petitioner's husband was taken to Lakeshore Hospital and Research Centre, Nettoor which is situated half a kilometre away from the petitioner's residence. In my opinion, to insist that a patient requiring emergency medical care should be taken to Coimbatore which is more than 175 Kms. away ignoring the hospitals in Ernakulam itself, is patently arbitrary and is not in tune with the changing times. However, in view of the fact that the petitioner has applied afresh and the Government are reconsidering the matter, I am of the opinion that the said issue need not be gone into in this writ petition. The learned Government Pleader appearing for the respondents submits that orders on the petitioner's application for reimbursement of medical expenses incurred by her will be passed expeditiously and in any event within three months from today. In that view of the matter, I dispose of this writ petition with a direction to the Government to consider the petitioner's application and pass orders thereon within three months from today, WP(C).No.28337/2008 4 having due regard to the fact that insistence on Ext.P5 Government order at least in relation to patients who have to undergo emergency neurosurgery, would be in gross violation of their right to life. The Government shall also consider whether in view of later developments the Appendix to Ext.P5 Government order should not be suitably amended. P.N.RAVINDRAN Judge TKS