Kerala High Court
Baby Roopa K P vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 23992 OF 2022
PETITIONER:
BABY ROOPA K.P
W/O. MOHANAN, AGED 58 YEARS,
'ATHIRA' HOUSE, KUTTIPPURAM,
KOTTAKKAL .P.O.,
MALAPPURAM DISTRICT - 676 503.
BY ADVS.
U.K.DEVIDAS
REMYA MURALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HEALTH,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DISTRICT EDUCATIONAL OFFICER,
DISTRICT EDUCATIONAL OFFICE,
23 QG+6V, UPHILL, MALAPPURM - 676 505.
3 DEPUTY DIRECTOR,
DEPARTMENT OF EDUCATION,
AUPS, N.H.213, DOWNHIL,
MALAPPURAM - 676 505.
4 DIRECTOR,
DEPARTMENT OF EDUCATION,
JAGATHY,
THIRUVANANTHAPURAM - 695 014.
5 THE HEAD MASTER,
P.M.S.A.M.H.S.S., CHEMMANKADAVU,
KODUR P.O.,
MALAPPURAM - 676 504.
WP(C) NO. 23992 OF 2022
2
BY ADVS.
SAMSUDIN PANOLAN
MILAN RACHEL MATHEW(K/001735/2020)
LIRA A.B.(K/001251/2021)
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23992 OF 2022
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 23992 of 2022
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Dated this the 01st day of February, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) a writ of certiorari or any other
appropriate writ order or direction to call for the
records leading to Ext.P11 & P12 and quash the same.
(ii) a writ of mandamus or any other
appropriate writ order or direction to the respondents
to allow the reimbursement of medical expenses
covered by the Ext.P4 application submitted by the
petitioner.
(iii) such other relief's as this Hon'ble Court
deems fit to grant in the nature of this case."[SIC]
2. The petitioner was working as a High School
Teacher at Aided School namely 'P.M.S.A.M.H.S.S',
Chemmanakadavu. The petitioner was retired on
31.05.2020. It is the case of the petitioner that, she had
to undergo surgery and other treatments in the hospital
and had expended an amount of Rs.5,22,351.32/- for
WP(C) NO. 23992 OF 2022
her treatment. After discharge from the hospital, the
petitioner submitted an application for the
reimbursement of her medical expenses for her
treatment in proper form along with all bills and
treatment details on 03.10.2017 as evident by Ext. P4.
It is the case of the petitioner that, the respondents
noted various defects and returned the same on
number of occasions. It is the further case of the
petitioner that she resubmitted the papers after curing
the defects. Now the 3 rd respondent rejected Ext.P4
medical reimbursement claim stating that the claim is
highly belated. Exts. P11 & P12 are the orders. It is the
case of the petitioner that there was no delay on the
part of the petitioner in submitting her medical
reimbursement claim. She was discharged from hospital
on 14.07.2017 and Ext.P4 application was submitted on
03.10.2017. It is also the case of the petitioner that,
she was again undergone a surgery on 05.11.2021 and
is undergoing treatment even now. It is also the case of
the petitioner that the 5th respondent has not intimated
WP(C) NO. 23992 OF 2022
the rejection of claim as per Ext.P11 & P12 in time. It is
stated by the petitioner that she obtained a copy of
Ext.P11 & P12 only in the month of April, 2022, when
she visited the office of the 5th respondent. Aggrieved by
Exts.P11 and P12, this writ petition is filed.
3. Heard counsel appearing for the petitioner and
the learned Government Pleader.
4. Counsel for the petitioner reiterated the
contentions raised in this writ petition. The Government
Pleader after getting instructions submitted that the
petitioner has not obtained treatment from the listed
hospitals and if the treatment is not from the listed
hospitals, the department has to get special sanction
from the Government. If that is the case, according to
me, the impugned orders can be set aside and the 1 st
respondent can be directed to reconsider the matter
expeditiously.
Therefore, this writ petition is allowed in the
following manner:
i. Exts. P11 and P12 are set aside.
WP(C) NO. 23992 OF 2022
ii. The 1st respondent is directed to consider
Ext.P4 and take appropriate decision and disburse
the amount due to the petitioner, if she is eligible, as
expeditiously as possible, at any rate, within a period
of two months from the date of receipt of a copy of
this judgment.
iii. Petitioner will produce a copy of the writ
petition along with a certified copy of this judgment
before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 23992 OF 2022
APPENDIX OF WP(C) 23992/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
18.08.2010 ISSUED BY THE SECOND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER DATED 24.01.2017
ISSUED BY LAKESHORE HOSPITAL,
ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER DATED 14.07.2017
ISSUED BY LAKESHORE HOSPITAL,
ERNAKULAM.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
3.10.2017 SUBMITTED BY THE PETITIONER
TO THE FIFTH RESPONDENT WITHOUT
MEDICAL BILLS AND TREATMENT DETAILS.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
08.12.2017 ISSUED BY THE SECOND
RESPONDENT TO THE THIRD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECOMMENDATION FOR
MEDICAL REIMBURSEMENT BY THE SECOND
RESPONDENT DATED NIL.
EXHIBIT P7 TRUE COPY OF THE OFFICE NOTE OF THE
SECOND RESPONDENT DATED 22.02.2018.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
16.03.2018 SUBMITTED BY THE
PETITIONER BEFORE THE THIRD
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
2.11.2018 ISSUED BY THE FOURTH
RESPONDENT TO THE THIRD RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED
20.09.2019 SUBMITTED BY THE
PETITIONER TO THE FIRST RESPONDENT.
WP(C) NO. 23992 OF 2022
EXHIBIT P11 TRUE COPY OF THE LETTER
NO.R3/3649/2020/DGE DATED 19.05.2020
ISSUED BY THE FOURTH RESPONDENT TO
THIRD RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER NO.
D2/14113/2020 DATED 04.12.2020 ISSUED
BY THIRD RESPONDENT TO THE SECOND AND
FIFTH RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
