K BALSWAMI Vs. DIRECTOR OF PENSION

JUDGEMENT

(1.) THE writ petition is filed challenging the order of the first respondent in any by which the claim of medical reimbursement made by the petitioner was returned stating that the "the Surgery/treatment undergone is not found in the list of specialised surgery/treatment of the references cited. "

(2.) IT is the case of the petitioner that he was diagnosed on having Type 2 Diabetes mellitus and II degree moblitz Type 2 AV Block and he was advised to take Permanent Pacemaker Implantation. The petitioner underwent the said Implantation on 18. 09. 2004 in the Meenakshi Mission Hospital and Research Centre, Madurai and in that regard the petitioner incurred an expenditure of Rs. 96,630. 15/ -.

(3.) AS per G. O. Ms. No. 562 Finance (Pension) Department dated 11. 07. 95 the petitioner will be entitled for reimbursement to get a sum of Rs. 50,000/- or 75% of the actual cost of treatment whichever is less under the Tamil Nadu Government Pensioners Health Fund Scheme. In view of the same, the petitioner has made a claim on 11. 10. 2004 to the second respondent seeking reimbursement, who in turn has forwarded the same to the first respondent in his proceedings KDIS 20915/04/j2 dated 15. 10. 2004. While so, the first respondent has issued the impugned order stating that the surgery undergone by him is not in the list specialised as per G. O. Ms. No. 562 Finance (Pension) Department dated 11. 07. 1995. Even though, the petitioner has undergone Permanent Pacemaker Implantation which is a kind of treatment only for the purpose of heart ailment, the respondents cannot be heard to say that the petitioner should necessarily undergo the Open Heart Surgery. However, it is the case of the petitioner that by subsequent G. O. Ms. No. 378 dated 13. 10. 2005 clarification was issued by the Government by including Permanent Pacemaker within the Open Heart Surgery. In respect of the same, the impugned order is passed obviously for the reason that the said clarification was issued on 13. 10. 2005 while the treatment undergone before that date. It is in these circumstances, the present writ petition is filed.