B R DEVARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. Mr.S.Sivashanmugam, learned Government Advocate takes notice for the respondents. By consent, the writ petition is taken up for final disposal.

(2.) . This writ petition is filed challenging the order of the second respondent dated 02.08.2009 and for a consequential direction to the respondents to sanction the medical reimbursement eligible to the petitioner as per the Government Order for the surgery conducted on the petitioner on 16.07.2007.

(3.) . In respect of payment of reimbursement of such medical claims, it is not bounty, but it is an obligation of the Government, especially, when the petitioner being the pensioner, subscribing to the Health Fund and it is also a constitutional mandate. With reference to right to life under Article 21 of the Constitution of India, it was held by the Supreme Court in Consumer Education and Research Centre and others vs. Union of India and others reported in 1995 (3) SCC 42 that right to health to a worker is an integral facet of meaningful right to life. The Government has constitutional obligation to provide health facilities. If the Government servant has suffered an ailment which requires treatment, it is the duty of the State to provide and bear the expenditure.