YUSUFF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, working as a teacher in the Government Higher Secondary School, Alamellur, in Palakkad District, has approached this Court pointing out the predicament faced by him with reference to the refusal on the part of the Government in reimbursing the treatment charges expended for the treatment of his daughter, who was diagnosed with a rare disease Adolescent Idiopathic Scoliosis- Type 6.

(2.) Heard Smt.Amrutha Sanjeev, the learned counsel for the petitioner, as well as Smt. Sylaja S.L., the learned Government Pleader.

(3.) As already noticed, the petitioner's daughter was suffering from a rare disease. The afore disease is stated to be one that progresses rapidly, and if not treated in the appropriate stage, would lead to a situation where the patient would have to lead the balance of her life with the assistance of others. It is in such circumstances that the petitioner submitted Ext.P4 before the Government, pointing out that treatment for the afore disease was not available in Kerala and therefore, upon enquiry, he came to know that there is treatment available in a hospital at Coimbatore and hence, seeking sanction for carrying out the afore treatment through the said hospital with the hope that the Government would reimburse the charges. The application filed as above was forwarded to the Government. In the meantime, treatment was also carried out by the petitioner in the year 2015 since, as noticed earlier, the petitioner or his daughter was not in a position to wait till the Government took a decision in the matter. The petitioner again submitted Ext.P7 dtd. 30/6/2017, repeating that there is no treatment facility available in the Government hospitals in Kerala, and the treatment is being carried out through a hospital at Coimbatore. Ultimately, by Ext.P9, the Government informed the 3rd respondent, as under: