V S KRISHNAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE Writ Petition is filed under Section 226 of the Constitution of India praying for issuance of a writ of declaration declaring that the order passed by the first respondent in letter No. 57995/Salaries/99-1 dated 10.10.99 in so far as prescribing 60 days time limit for making application for financial assistance under the Tamilnadu Government Employees Health Fund scheme and the order dated 16.02.2008 passed by the second respondent in Dis.No.1926/2008/E1 as illegal and arbitrary and consequently direct the respondents to reimburse the petitioner the medical expenses with 12% interest.S.J. Mukhopadhaya, J.THE writ petition has been preferred by the petitioner, for declaration that the order passed by the 1st respondent in letter No.57995/Salaries/99-1 dated 10th October, 1999, in so far as prescribing 60 days time limit for making application for financial assistance under the Tamilnadu Government Employees Health Fund Scheme and the order dated 16th February, 2008 passed by second respondent, Registrar, City Civil Court, Chennai as illegal and arbitrary and consequently direct the respondents to reimburse the petitioner the medical expenses with 12% interest.

(2.) THE petitioner is an employee in the City Civil Court, Chennai. Originally, he was appointed in the Tamil Nadu Highways Department as Junior Assistant on 1st March, 1978 and on selection through Tamil Nadu Public Service Commission, he was appointed as Junior Assistant in Judicial Ministerial Service in 1980. He was posted to work in Labour Court, Chennai and in the meantime, in the year 1993, he was promoted as Assistant and transferred to NDPS Court, Chennai. For the present, he is working as Assistant in City Civil Court, Chennai.

(3.) WHEN the petitioner was waiting for a favourable order, he received the impugned order dated 16th February, 2008, whereby the Registrar, City Civil Court, Chennai giving reference to Government letter No.57995/Salaries/99-1 dated 10th October, 1999 issued from Finance (Salaries) Department, rejected the application for medical reimbursement on the ground that he had not submitted the application in prescribed form and within the stipulated time of 60 days from the date of discharge from the hospital as required in the aforesaid letter of the Government.