B RADHAMONY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner; while working as the Joint Regional Transport Officer, Kollam, suffered a cardiac episode leading to Ext.Pl being issued by the Medical Officer of the Police Hospital, Kollam on 8-11-1999 advising her to see a cardiologist of a major hospital where there is facility for further investigation and management. On 14-1-2000, the Head of the Division of Cardiology of the Sree Uthradom Thirunal Hospital, the credibility of which institution is not challenged by the Government, issued Ext.P2 certifying that the petitioner has suffered coronary artery disease and requires urgent coronary bypass surgery and the total costs of that would come to Rs. 1,10,000/-. That document was, obviously, acted upon by the Government which led to a final-decision by the Government granting her reimbursement to the extent of Rs. 55,000/- for the surgery that saved her as reflected by the discharge summary Ext.P4.

(2.) The short issue that arises for decision is as to whether the petitioner is entitled to reimbursement of the entire amount of Rs. 1,10,000/- as claimed by her or that the reimbursement would stand confined to Rs. 55,000/- as already extended by the Government.

(3.) GO(P) No. 45/97/H & FWD dated 18-2-1997, relied on by the writ petitioner reflects the policy decision of the Government accepting the recommendations of the 5th Pay Commission regarding medical attendance and to, accordingly, amend the Kerala Government Servants Medical Attendance Rules, 1960, hereinafter referred to as the "Rules", which are issued under Article 309 of the Constitution of India.