E RAMALINGAM Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THOUGH W.P.M.P.No.5349/2006 is listed today for hearing, by consent of both parties, the main Writ Petition itself is taken up for final disposal.

(2.) THE petitioner while he was working as a Lecturer in Physics(SG) in A.V.C. College (Autonomous) Mannampandal, Mayiladuthurai, suffered a heart attack on 7.4.2004. He was admitted in Vijaya Hospital, Chennai, one of the recognised Private Specialty Hospitals for heart ailments. As per the advise of the Doctors, PTCA Stenting was done on 22.4.2004. THE petitioner had spent a sum of Rs.1,33,234/- for the treatment. After the treatment, the petitioner was involved in the admission process during May, 2004 and June, 2004. He made the claim on 19.7.2004 to the respondents for medical assistance of Rs.99,975/- being 75% of the claim. THE said application was returned by the respondents by order dated 3.8.2004. THE reason for refusal to accept the claim of the petitioner is that the petitioner had not made the application within the period of 60 days from the date of discharge and the petitioner has taken treatment in Vijaya Heart Foundation which is not included in the Government Order. It is also stated that the medical claim is permissible only for open heart surgeries and not for the treatment Angioplasty/PTCA Stent.

(3.) IN matters like this, the Government Orders should not be strictly construed as on the date when the Government Order was issued, the treatment viz., PTCA Stent could not have been invented or introduced. IN recent days, the concept of treating ailments, has advanced so much, thanks not only to the Speciality Hospitals, Doctors specialized in the modern/advance treatments, but also the advanced techniques in method of treatment with use of sophisticated equipments. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor, who is well versed and expertised both on academic qualifications and experience gained. Very little scope is left to the patient or his relative to decide as to manner in which the ailment should be treated.