M CHANDRASEKARAN Vs. SECRETARY TO GOVERNMENT CHENNAI

JUDGEMENT

(1.) THIS writ petition has been filed to call for the records in pursuant to the impugned order passed by the first respondent in Letter No.25065 R.2/99-2, dated 29.12.1999 and quash the same and direct the respondents to pay the medical claim of Rs.30,814/- to the petitioner with interest.

(2.) THE petitioner, underwent a surgery on his left ear on 13.5.1994 at Gem hospital, Palayamkottai. He requested to reimburse the amount of Rs.30,841/-, which is spent towards the said ear surgery and his request was rejected by the first respondent in his Letter No.25065 R.2/99-2, dated 29.12.1999. Two reasons are given for rejecting the request of the petitioner to reimburse the medical expenses. One is that he underwent the surgery in a hospital, which is not recognised by the Government and the other reason is that the ear surgery is not the listed surgery for reimbursement. Hence, the petitioner filed Original Application No.4875 of 2001 (W.P.No.49376 of 2006) to quash the aforesaid order passed by the first respondent in his Letter No.25065 R.2/99-2, dated 29.12.1999.

(3.) THE first respondent shall not refuse to reimburse the amount on the ground that the petitioner failed to take treatment in the recognised hospital as per the decision of this Court in K. BALASWAMI V. DIRECTOR OF PENSION, CHENNAI AND ANOTHER (2007 (3) MLJ 385). Paragraphs 5 and 6 of the above said judgment are extracted hereunder: