B RAMAMURTHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner, a member of the Tamil Nadu Medical Service prays for the issue of writ of certiorarified mandamus calling for the records of the second respondent in his proceedings No. 24447/A2/297 dated 16.12.1998 quash the same and consequently direct the respondents toj forthwith reimburse Rs. 5,18,969.41, the balance of J the amount incurred by the petitioner for Medicall Treatment of his wife at Apollo Cancer Hospital, Chennai.

(2.) THIS Court ordered notice of motion on 22.4.1999. The respondents have been served and they have filed their counter affidavit. With the consent of counsel for either side the writ petition itself is taken up for final disposal. The petitioner states that his wife Mrs. Manjula Ramamurthy was diagnosed to have Carcinoma of Right Breast in August 1996 and she underwent Mastectomy on 26.8.1996. The Biopsy of the Specimen showed infiltrating Ductal Carcinoma with 12 Positive Lymphondes in Right Axilla.

(3.) THE petitioner claims that he had incurred an expenditure of Rs. 6,18,969.41 for his wife's medical treatment. But the same has been negatived without appreciating the difficulties and monetary expenses incurred by the petitioner. THE action of the respondents is discriminatory and the impugned proceedings has been passed without application of mind. THE petitioner having no other remedy has approached this Court.