Madras High Court
A.Nizam Moideen vs The Director General Of Police on 20 December, 2018
Author: R.Subramanian
Bench: R.Subramanian
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.12.2018
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P(MD)No.5577 of 2015
A.Nizam Moideen ... Petitioner
Vs.
1.The Director General of Police
Chennai
2.The Superintendent of Police
Pudukkottai
3.The Principal Secretary to Government of Tamilnadu
Department of Health and Family Welfare
Secretariat, Chennai
4.The Director
Medical and Rural Welfare Development
Chennai 4 ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus directing the
respondents to reimburse the medical expenses of the petitioner
incurred by the petitioner for his heart ailment at once.
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For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
ORDER
The petitioner challenges the rejection of his request for reimbursement of medical expenses incurred by him for the treatment namely Coronary Angioplasty and fixing of Metal Stent at Sri Ramachandra Medical Centre, Porur, Chennai.
2.The said request of the petitioner was rejected by the Director General of Police, Chennai by a communication dated 01.03.2012 on the ground that the treatment undergone by the petitioner was not covered by G.O.Ms.377, Finance (Salaries) Department, dated 13.10.2005, even though the hospital comes under the approved list of hospitals as per G.O.(Ms).No. 437, Home (Police IX) Department, dated 17.03.1995. It is further stated that G.O.Ms.377, Finance (Salaries) Department, dated 13.10.2005 provides for reimbursement of medical expenses incurred for certain categories of diseases at recognized hospitals. Annexure -I of the Schedule-I lists out the treatments which http://www.judis.nic.in 3 are approved in G.O.Ms.No.400, Finance (Salaries), dated 29.08.2000 and it reads as follows:
I.CARDIOLOGY AND CARDIO THORACIC SURGERY:
1.Open heart surgery including a. Caronary By-pass surgery (CABG) b.Valve replacement c.Correction of Congenital Complex heart diseases d.Angioplasty and PTCA Stent (approved in G.O.Ms.No.556, Finance (Salaries)Dept: dated 08.11.2004) II.ORTHOPAEDIC SURGERY:
1.Total Hip replacement
2.Total Knee replacement III.NEPHROLOGY/UROLOGY:
a)Renal Transplantation
b)Lithotripsy IV.ONCOLOGY:
1.Surgical Management of Malignancy (Cancer)
2.Laser or radiation treatment of cancer V.NEUROLOGY:
1.Emergency life saving operation on Brain and Spinal Cord
2.Advanced specialized operation on brain and spinal cord such as cerebrovascular surgery (Aneurysm and Arteriovenoces http://www.judis.nic.in 4 Malformation), skull base surgery, deep seated tumour of brain, synotactic surgery.
3.Surgery for Intractable Epilepsy.
VI.OPTHALMOLOGY:
1.Simple Surgery:
a.any cataract surgery with or without Intra Ocular Lens (IOL) b.Glaucoma surgery
2.Specialised Surgery
a)Surgery for detachment of Retina
b)Vitrectomy
c)Keratoplasty (Corneal Grafting)
d)Laser treatment -Krypton Laser, dye laser, Argon laser, photo coagulation.
e)Liner Accelarator Therapy (for senile Macular Degeneration Tumour) VII.VASCULAR SURGERY:
Amputation of legs.
3.It is clearly seen from the above that the Angioplasty and PTCA Stent is a treatment approved by G.O.Ms.No.556, Finance (Salaries)Dept, dated 08.11.2004. The petitioner has admittedly undergone the treatment of Angioplasty and PTCA Stent from http://www.judis.nic.in 5 02.06.2008 to 09.06.2008. The request for reimbursement was rejected on the sole ground that the treatment does not come under the specified approved list. The name of the disease is angina and the treatment for the said disease is Angioplasty and PTCA Stent.
4.The learned Additional Government Pleader appearing for the respondents would submit that the Director of Medical and Rural Department had opined that the treatment undergone the petitioner is not an emergent treatment. The grant of reimbursement does not depend on the emergent situation. The list of treatments set out in the aforesaid G.O.Ms.No.400, Finance (Salaries), dated 29.08.2000, even includes hip replacement, knee replacement, cataract surgery and glaucoma surgery, none of these could be treated as an emergent situation.
5.A reading of the aforesaid G.O., would show that the object is to reimburse the expenses incurred by the government servant in taking treatment especially in a private hospital. The said G.O., does not stipulate that the reimbursement would be granted, only if the http://www.judis.nic.in 6 treatment is taken in an emergent situation. If the treatment is covered by the said G.O., and the treatment is taken at a net work hospital or recognized hospital, the Government cannot deny reimbursement of the expenses incurred by the Government Servant.
6.In view of the above, the impugned order of first respondent dated 01.03.2012 and consequential, the order of the second respondent dated 05.02.2015 are quashed. The respondents are directed to pay the claim amount along with interest at 12% per annum from the date of filing of this writ petition i.e., from 31.03.2015 till the date of realization.
7.Accordingly, this writ petition is allowed. No costs.
20.12.2018
Index : Yes/No
Internet : Yes/No
msa
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To
1.The Director General of Police
Chennai
2.The Superintendent of Police
Pudukkottai
3.The Principal Secretary to Government of Tamilnadu Department of Health and Family Welfare Secretariat, Chennai
4.The Director Medical and Rural Welfare Development Chennai 4 http://www.judis.nic.in 8 R.SUBRAMANIAN.J, msa W.P(MD)No.5577 of 2015 20.12.2018 http://www.judis.nic.in