Madras High Court
R.Shanmugham vs The Chief Secretary To Government on 17 February, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.25484 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.02.2025
Coram:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.25484 of 2014
and M.P.No.2 of 2014
R.Shanmugham
...Petitioner
Versus
1.The Chief Secretary to Government,
Government of Puducherry,
Chief Secretariat, Puducherry – 605 001.
2.The Chairman,
Pondicherry Engineering College (PEC),
Pillaichavady, Puducherry – 605 014.
3.The Vice Chairman-cum-Secretary
to Government (Education),
Pondicherry Engineering College (PEC),
Pillaichavady, Puducherry – 605 014.
4.The Member Secretary-cum-Director of
Higher & Technical Education,
PIPMATE Complex,
Lawspet, Puducherry – 605 008.
5.The Principal,
Pondicherry Engineering College (PEC),
Pillaichavady, Puducherry – 605 014.
...Respondents
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W.P.No.25484 of 2014
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for records
relating to the impugned Memorandum dated 11.12.2012 vide No.PEC/Estt-
NT/E.4/Appr./2012/No.6713 passed by 5th respondent based on Minutes of
68th Governing Body Meeting of PEC (Pondicherry Engineering College)
convened on 12.09.2012 at Conference Hall, Commercial Tax Department,
Anna Nagar Puducherry and quash the same as highly illegal, unlawful,
arbitrary, just eye wash, discriminative, malafide and against the “Doctrine
of Promissory Estoppel” and consequently, direct the respondents to
provide employment to the petitioner and also, direct the respondents to
reimburse entire Medical Bill amount, along with interest at the rate of 24%
per annum from the date of accident, towards injury sustained by the
petitioner in accident occurred on 06.04.2006 during the course of
Apprenticeship Training Programme at the 5th Respondent College.
For Petitioner : Mr.Prakash Adiapadam
For Respondents : Mr.Syed Mustafa,
Standing Counsel
ORDER
The relief sought in this Writ Petition is to quash the Memorandum dated 11.12.2012 vide No.PEC/Estt-NT/E.4/Appr./2012/No.6713 passed by 5th Respondent and consequently, direct the Respondents to provide employment to the Petitioner and reimburse entire Medical Bill amount, along with interest at the rate of 24% per annum from the date of accident, 2/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:55 pm ) W.P.No.25484 of 2014 towards injury sustained by the Petitioner in the accident occurred on 06.04.2006.
2. The case of the Petitioner is that on 06.04.2006, when the Petitioner was undergoing the Apprenticeship Training Programme in the 5th Respondent College, he met with an accident at around 3.40 p.m. The Petitioner's left hand bone was fractured in the said accident. Hence, the Petitioner was taken to the Indira Gandhi Government Hospital, Puducherry and was admitted as inpatient in the Emergency Ward.
3. After few days of treatment, the Doctors attached to the said Hospital informed the Petitioner's relatives that it is very difficult to restore the Petitioner's hand bones to old position. Hence, the Petitioner's relatives shifted the Petitioner from Indira Gandhi Government Hospital, Puducherry to PIMS (Pondicherry Institute of Medical Science), Kanagachettikulam, Puducherry for better treatment, where, the Doctors fixed three silver plates in the Petitioner's hand. For the said treatment, the Petitioner had spent Rs.1,50,000/-. However, the Petitioner got Medical Bills for only Rs.65,000/-.
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4. After the treatment, the Petitioner completed his Apprenticeship Training Programme in the 5th Respondent College on 19.02.2007. During the year 2010, the Petitioner filed a Petition in LAC.No.4226 of 2010 before the Lok Adalat, Puducherry seeking to direct the 5th Respondent to offer him a job and pay him a sum of Rs.66,100/- towards medical reimbursement.
5. The 5th Respondent had filed a Statement before the Lok Adalat, Puducherry, wherein, it is stated that the Petitioner's request for job on the ground that he met with an accident during the apprenticeship training in the college will be considered after obtaining the approval of the 2nd Respondent on out sourcing basis whenever required. It is also stated that the Petitioner's claim for reimbursement of Rs.66,100/- towards medical expenses will be considered on production of the original medical bills.
6. In view of the above statements of the 5th Respondent, the Petitioner withdrew the case against the 5th Respondent and hence, the petition in LAC.No.4226 of 2010 was closed by the Lok Adalat, Puducherry vide Order dated 09.09.2010. However, the 5th Respondent did not come 4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:55 pm ) W.P.No.25484 of 2014 forward to provide any job to the Petitioner. Hence, the Petitioner made a Representation dated 10.11.2010 to the 5th Respondent, requesting employment. That apart, the Petitioner made a Representation dated 01.09.2012 to the 3rd Respondent seeking employment and reimbursement of medical expenses.
7. On 12.09.2012, the 68th Governing Body Meeting was convened, in which, the Respondents had agreed to offer a job to the Petitioner as an “Apprentice” on out source basis as a special case and also, they agreed to reimburse the medical expenses. Based on the decision taken in the Minutes of 68th Governing Body Meeting, the 5th Respondent vide Memorandum dated 11.12.2012 bearing No.PEC/Estt-
NT/E.4/Appr./2012/No.6713, engaged the Petitioner into service as an “Apprentice” in the 5th Respondent College and directed the Petitioner to submit all the original medical bills in the prescribed format for medical reimbursement.
8. The Petitioner had already completed the Apprenticeship Training Programme in the 5th Respondent College as early as on 19.02.2007, but, 5/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:55 pm ) W.P.No.25484 of 2014 without considering the same, the 5th Respondent has issued the aforesaid Memorandum directing the Petitioner to undergo apprenticeship in the 5th Respondent College. Hence, left with no other alternative, the Petitioner has filed this Writ Petition for the relief stated supra.
9. Today, when this Writ Petition was taken up for hearing, the learned counsel for the Petitioner submitted that though this Writ Petition has been filed for the aforesaid relief, the Petitioner has now restricted the relief only as regards to reimbursement of medical expenses in terms of the Minutes of 68th Governing Body Meeting held on 12.09.2012.
10. It is further submitted that the Petitioner had submitted the original medical bills before the 5th Respondent. In this connection, the learned counsel for the Petitioner drew the attention of this Court to the Petitioner's Letter dated 23.04.2013 addressed to the 5th Respondent, wherein, it has been stated as follows:
“........ I would like to state in connection with the medical treatment for the bone fracture sustained by me during the course of my Apprenticeship training at Pondicherry Engineering College on 06.04.2006, I had to spend an amount of Rs.57,055.21/-. I hereby submit the necessary Original Medical bills for the expenses along with annexure.6/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:55 pm ) W.P.No.25484 of 2014 I request you to kindly arrange to reimburse the said amount to me and oblige.”
11. From a perusal of the materials available on record, it is evident that the Petitioner met with an accident on 06.04.2006 during the course of his Apprenticeship Training Programme in the 5th Respondent College. The Petitioner's left hand bone got fractured in the said accident. The Petitioner has submitted Original Bills for Rs.57,055.21/-, the sum spent for treatment. Hence, the Petitioner is claiming reimbursement of medical expenses.
12. Though the Respondents agreed to reimburse the medical expenses to the Petitioner by the Minutes of 68th Governing Body Meeting held on 12.09.2012, they did not consider the Petitioner's request for reimbursement of medical expenses.
13. Considering the fact that the Petitioner had sustained injuries in the accident which took place in the year 2006 and the claim of the Petitioner for reimbursement of medical expenses has not yet been considered by the Respondents, this Court directs the Respondents to pay the Petitioner a sum of Rs.57,055.21/- (Rupees Fifty Seven Thousand Fifty 7/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:55 pm ) W.P.No.25484 of 2014 Five Rupees and Twenty One Paise Only) towards reimbursement of medical expenses and another sum of Rs.57,000/- (Rupees Fifty Seven Thousand Only) towards interest on belated reimbursement of medical expenses as claimed by the Petitioner, within a period of six months from the date of receipt of a copy of this order.
14. It is made clear that the Respondents shall pay the aforesaid amounts to the Petitioner without insisting any record from the Petitioner since the said amounts to be paid for the injuries sustained by the Petitioner in the accident took place in the year 2006.
15. This Writ Petition is disposed of with the above directions. No costs.
17.02.2025
mrr
Index : Yes/No
Speaking Order (or) Non-Speaking Order
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W.P.No.25484 of 2014
To
1.The Chief Secretary to Government,
Government of Puducherry,
Chief Secretariat,
Puducherry – 605 001.
2.The Chairman,
Pondicherry Engineering College (PEC),
Pillaichavady,
Puducherry – 605 014.
3.The Vice Chairman-cum-Secretary
to Government (Education),
Pondicherry Engineering College (PEC),
Pillaichavady,
Puducherry – 605 014.
4.The Member Secretary-cum-Director of
Higher & Technical Education,
PIPMATE Complex,
Lawspet,
Puducherry – 605 008.
5.The Principal,
Pondicherry Engineering College (PEC),
Pillaichavady,
Puducherry – 605 014.
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W.P.No.25484 of 2014
C.SARAVANAN, J.
mrr
W.P.No.25484 of 2014
17.02.2025
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