D SUNDARAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed challenging the orders of the 2nd respondent dated 10.6.2008 and 7.8.2008, respectively, and for a consequential direction to the respondents to reimburse an amount of Rs. 48,048/- incurred towards the treatment undergone by the petitioner at Vasudeva Vilasam Nursing Home, Trivandrum, State of Kerala for ailment in spinal cord.

(2.) THE petitioner worked as Primary School Headmaster at Navalakkampatti, Kovilpatti Panchayat Union, Thoothukudi District and retired from service and is receiving pension from the Government of Tamil Nadu. He suffered pain at spinal cord and he underwent treatment at Vasudeva Vilasam Nursing Home, Trivandrum, State of Kerala between 22.10.2007 and 22.11.2007 for a period of 31 days. THE doctor diagnosed his ailment as spinal cord degeneration, bulging and stenosis and gave treatment. He incurred an expenditure of Rs. 48,048/-. Since the petitioner is the subscriber to the Tamil Nadu Pensioners- Health Fund, he claims medical reimbursement of the above expenditure. In that regard, he made a representation to the 2nd respondent on 17.12.2007. THE 2nd respondent rejected the said claim on the basis that (1) the Hospital in which treatment/surgery undergone is not found in the accredited list of the references cited and (2) the surgery/treatment undergone is not found in the list of specialised surgery/treatment of the references cited.

(3.) IN view of the settled legal position, the impugned orders of the 2nd respondent issued on 10.6.2008 and 7.8.2008 are set aside and the writ petition stands allowed with a direction to the respondents to reimburse the amount of medical expenses incurred by the petitioner, expeditiously, in any event, within a period of four weeks from the date of receipt of a copy of this order. No cost.Petition allowed.