Arun M.K vs Additional Chief Secretary To ...
2023 Latest Caselaw 9951 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                       WP(C) NO. 30500 OF 2023
PETITIONER/S:

    1     ARUN M.K.
          AGED 34 YEARS
          S/O. KRISHNAN NAIR M.S., MUNDAKKAL HOUSE, MEMMUGHOM,
          MANEED P.O, PIRAVOM, ERNAKULAM DISTRICT, KERALA-686
          664, PRESENTLY WORKING AS STATE TAX OFFICER(WORKS
          CONTRACT), PEN 870118, OFFICE OF THE JOINT COMMISSIONER
          OF STATE TAX, KERALA STATE GOODS AND SERVICES TAX
          DEPARTMENT ERNAKULAM DISTRICT, KERALA., PIN - 682015
    2     KRISHNAN NAIR M.S.
          AGED 67 YEARS
          S/O. SANKARAN NAIR. MUNDAKKAL HOUSE, MEMMUGHOM, MANEED
          P.O, PIRAVOM, ERNAKULAM DISTRICT, KERALA., PIN - 686664
          BY ADVS.
          M.R.DHANIL
          SENITTA P. JOJO

RESPONDENT/S:

    1     ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
          TAXES (D) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, KERALA., PIN - 695001
    2     THE SECRETARY
          HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001
    3     THE SECRETARY
          FINANCE (LOANS) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, KERALA., PIN - 695001
    4     THE DIRECTOR
          DIRECTORATE OF HEALTH SERVICES, VANJIYOOR P.O,
          THIRUVANANTHAPURAM., PIN - 695035
    5     THE SPECIAL COMMISSIONER
          STATE GOODS AND SERVICES TAX DEPARTMENT, 9TH FLOOR, TAX
          TOWER, KILLPPALAM, KARAMANA P.O, THIRUVANANTHAPURAM.,
          PIN - 695002
    6     THE JOINT COMMISSIONER
          OFFICE OF THE JOINT COMMISSIONER OF STATE TAX, KERALA
          STATE GOODS AND SERVICES TAX DEPARTMENT ERNAKULAM., PIN
          - 682015
    7     THE STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA.,
 WP(C) NO. 30500 OF 2023
                                 2


           PIN - 695001
     8     THE SAMARITAN HOSPITAL
           REPRESENTED BY ITS MANAGER/ MANAGING DIRECTOR,
           PAZHANGANAD, KIZHAKKAMBALAM, ALUVA, KOCHI., PIN -
           683562
OTHER PRESENT:

           SMT SURYA BINOY, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30500 OF 2023
                                                 3



                                            JUDGMENT

The petitioners have approached this Court seeking the following reliefs:

i) Issue a writ of certiorari, order or direction to quash Ext.P9 dt.

29.5.2023 by finding that it is illegal.

ii) Direct the respondents 1 to 7 to consider and allow the Ext. P7 application for reimbursement of the amount incurred for the medical attendance/treatment of the 2nd petitioner.

iii) Set aside Ext.P10 issued by the 5th respondent by finding it as illegal.

iv) Set aside Ext.P11 Circular by finding that it is issued in contrary to the provisions of the Kerala Government Servants Medical Attendance Rules 1960.

2. The 1st petitioner is working in the Government service. He is

aggrieved by the rejection of the application for reimbursement of expenses

incurred by him for the treatment of his father, the 2nd respondent herein. He

challenges Ext.P9 decision taken by the Government and contends that the same is

not legally sustainable.

3. Smt. Surya Benoy, the learned government pleader, submitted that the

petitioner be relegated to the jurisdiction, powers, and authority of the State

Administrative Tribunal as the claims raised by the petitioner fall under Section 15 of

the Administrative Tribunals Act, 1985.

4. I have heard the submissions advanced.

5. Section 15 of the Administrative Tribunals Act details the jurisdiction, WP(C) NO. 30500 OF 2023

powers, and authority of State Administrative Tribunals. Section 15(1) states that

save as otherwise expressly provided in the said Act, the Administrative Tribunal

shall exercise, on and from the appointed day, all the jurisdiction, powers, and

authority exercisable immediately before that date by all courts (except Supreme

Court) in relation to the matters specified therein. The Apex Court has held that the

Tribunal created under 323A and 323B of the constitution possesses the

competence to test the constitutional validity of the Statutory provisions and Rules.

It was held that it would not be open for litigants to directly approach the High

Court even in cases where they question the vires of statutory legislations (except

where the legislation which creates the particular Tribunal is challenged) by

overlooking the jurisdiction of the concerned Tribunal. In that view of the matter, I

hold that the challenge mounted by the petitioners in this writ petition has to be

raised before the Statutory Tribunal.

Reserving the rights of the petitioners to approach the Statutory Tribunal to

redress their grievance, this writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

RK WP(C) NO. 30500 OF 2023

APPENDIX OF WP(C) 30500/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REFERRAL FORM FROM A.P. VARKEY MISSION HOSPITAL, DATED 28/07/2021.

Exhibit P2 TRUE COPY OF THE DISCHARGE CARD FROM MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, DATED 28/07/2021 Exhibit P3 TRUE COPY OF THE MEDICAL BILL ISSUED FROM SAMARITAN HOSPITAL DATED 28/07/2021 Exhibit P4 TRUE COPY OF THE MEDICAL BILL ISSUED FROM SAMARITAN HOSPITAL DATED 30/07/2021 Exhibit P5 TRUE COPY OF THE MEDICAL BILL ISSUED FROM SAMARITAN HOSPITAL DATED 02/08/2021 Exhibit P6 TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/08/2021 FROM THE SAMARITAN HOSPITAL Exhibit P7 TRUE COPY OF THE REPRESENTATION BY THE 1ST PETITIONER TO THE SECRETARY, TAXES DEPARTMENT ALONG WITH NECESSARY ENCLOSURES, DATED 17/09/2021 Exhibit P8 TRUE COPY OF THE LETTER NO. (L.DIS)M.R 1-71105/2021/HDD ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT DATED 24/08/2022 Exhibit P9 TRUE COPY OF THE ORDER OF THE ADDITIONAL CHIEF SECRETARY, TAXES(D) DEPARTMENT, GOVERNMENT OF KERALA DATED 29/05/2023 Exhibit P10 TRUE COPY OF THE PROCEEDINGS/COMMUNICATION OF THE SPECIAL COMMISSIONER ISSUED TO THE JOINT COMMISSIONER, DATED 07/06/2023 Exhibit P11 TRUE COPY OF THE CIRCULAR NO.

34/2020/FIN. OF THE FINANCE (LOANS) DEPARTMENT OF THE GOVERNMENT OF KERALA DATED 12/06/2020