GOPALAKRISHNA MURTHI T Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner who was a Judicial Officer of the rank of District and Sessions Judge, has filed this writ petition questioning the order issued by the G.O.Rt. 1563, Law dated 9-11-1998 and seeks for a direction to sanction the entire amount of Rs.1,59,480/- claimed by him towards medical reimbursement after deducting the amount of Rs. 40,000/- sanctioned under the impugned G.O. There is a further prayer to sanction the balance amount of Rs. 6,097/- out of Rs. 27,758/- claimed by him for treatment at Care Hospital, Hyderabad on the earlier occasion.

(2.) The petitioner who fell ill during 1997-98 on account of triple vessel coronary artery disease and L.V. Dysfunction was admitted into Madras Medical Mission Hospital in an emergent condition. He was hospitalized from 17-1-1998 to 29-1-1998 and bypass surgery was performed as seen from the Certificate issued by the Madras Medical Mission Hospital. The bills and certificate filed by him show that he paid charges of Rs. 1,59,480/- out of which the bypass surgery charge had come to Rs. 1,45,000/-. The High Court recommended sanction of the amount as a special case. By the impugned G.O., the Government accorded sanction in relaxation of the rules/orders on the subject for reimbursement to the extent of Rs. 50,000/- only with a cut of 20%. In other words, the sum of Rs. 40,000/- only was sanctioned. Aggrieved by the disallowance of the remaining amount, the present writ petition is filed.

(3.) In the counter-affidavit filed by the Secretary to Government, Law Department, it is stated that by G.O.Ms.No. 184, Health and Medical, dt. 2-4-1992, the Government raised the limit of maximum reimbursable amount on account of medical treatment undergone by the Government employees in a private hospital which is not recognised as a referral hospital from Rs. 40,000/- to Rs. 50,000/- with 20% cut and accordingly, the G.O. was issued sanctioning the said amount. It is contended that there is no provision for 100% reimbursement for the expenses incurred by the retired District Judges for treatment in a private hospital.