(1.) THE petitioner seeks for the issuance of Writ of Mandamus to direct the respondents to disburse the fund from Tamilnadu Government Employees Health Fund to the petitioner for the treatment to her heart by applying G.O.Ms.No.400 Finance (Salaries) Department dated 29.08.2000.
(2.) THE petitioner was working as School Teacher and she retired from the service in the year 2003 as Headmistress of Middle School. For her heart ailment, she took treatment in the Apollo Hospital at Chennai wherein she underwent angioplasty on 09.07.2002. The expenses for undergoing the said treatment was stated to be Rs.2,04,359/ -. When the petitioner made a claim for reimbursement based on G.O.Ms.No.400 dated 29.08.2000, the same was not considered. The petitioner, therefore, came forward with the present writ petition. Subsequent to the filing of the writ petition, an order came to be passed by the third respondent dated 10.06.2003, rejecting the petitioner's claim holding that the same does not found under the categorised treatment as per G.O.Ms.No.400 dated 29.08.2000. The petitioner therefore, filed M.P.No.2 of 2008 seeking for necessary amendment of her prayer challenging the subsequent order dated 10.06.2003 and consequetial, direction for disbursement of the fund from the Tamil Nadu Government Employees Health Fund by applying G.O.Ms.No.400 dated 29.08.2000.
(3.) BUT the learned Government Advocate would contend that though in the present G.O.Ms.No.378 dated 13.10.2005 angioplasty and PTCA Stent have been specifically classified as treatments falling under the category of Cardiology and Cardio Thoracic Surgery, since the inclusion of such treatment came to be made as from 01.04.2005, the petitioner was not entitled to claim the said benefit.