Point of Law : Rules 3 to 10 thereof also provided for free medical treatment to Government servant and also for reimbursement of expenses incurred by him towards that.

JUDGMENT :

Alexander Thomas, J.

The final order rendered on 09.07.2021 in the instant Original Application, O.A.No.925 of 2021, is under challenge in the instant Original Petition filed under Articles 226 & 227 of the Constitution of India. A copy of the abovesaid impugned verdict of the Tribunal has been produced as Ext.P2 in this O.P. The petitioners in the O.P. are the respondents in the O.A. and the sole respondent in the O.P. is the sole applicant in the O.A.

2. The prayers in the instant Original Petition are as follows:

“(i) to set aside Exhibit P2 Order dated 09.07.2021 in O.A.No.925/2021 of the Kerala Administrative Tribunal, Thiruvananthapuram Bench by the issuance of a writ of certiorari or any other appropriate writ, direction or order;

(ii) Any other order or direction as this Honourable Court that may deem fit and proper in the facts and circumstances of the case.”

3. Heard Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the petitioners in the O.P./respondents 1 to 4 in the O.A. Though notice has been duly served by special messenger on the sole respondent herein/sole original applicant, there is no appearance for that party. Notice to the respondent herein was sent on 14.01.2022 and was duly served earlier, as can be seen from the endorsement made by the Registry on 21.01.2022. However, we waited till now to ascertain as to whether the said party would enter appearance in the meanwhile. Even now the sole respondent has not entered appearance. Hence earlier we have appointed Sri.Ashok B. Shenoy, learned Advocate of this Court as amicus curiae to assist in this case. We have heard the amicus curiae as well in this case.

4. The prayers in the instant Ext.P1 Original Application, O.A.No.925 of 2021 are as follows:

“1) Pass orders quashing Annexure A1, A2 & A3 ordered by 4 th, 3rd and 2nd respondents. Since it is violative of medical rules and fundamental rules of family as per the dictum laid down by the Honourable Apex Court in Annexure 13) and followed by the Honourable High Court of Kerala (Annexure-A12).

2) Issue orders to the second respondent directing that he may accept and reconsider the returned application for reimbursement sent through proper channel by the applicant within two weeks the application with documents enclosed Annexure A7 to and do proper process and reimburse the medical claim in accordance with the dictum laid in Annexure A13, Annexure A12, and pass eligible reimbursement urgently.

3) Issue such other orders that are deemed fit and necessary in the circumstances of the case.”

5. The Tribunal after hearing both sides has rendered the impugned Ext.P2 final order on 09.07.2021, whereby the main pleas in the O.A. have been allowed and the impugned orders at Annexures-A1 to A3 have been set aside and it has been ordered that the original applicant may submit application for medical reimbursement on account of the treatment of her ailing father along with supporting documents within two weeks and R1 in the O.A. (State Government) was directed to consider the same and pass necessary orders in the light of Annexure-A12 judgment dated 14.11.2017 rendered by a learned Single Judge of this Court in W.P. (C) No.21627 of 2016 as well as Annexure-A13 judgment of the Apex Court in the case State of M.P. & Ors. v. M.P.Ojha and Anr. (1998) 2 SCC 554, etc. within one month. The abovesaid verdict of the Tribunal at Ext.P2 that is under challenge in the present O.P.

6. A brief recital of the facts of this case would be relevant. The respondent herein will be referred hereinafter for convenience as the “original applicant/applicant”. The original applicant herein is holding the post of Assistant Professor in the Medical Education Department of the Government of Kerala. Her father is an elderly senior citizen, who was aged 79 years at the relevant time, had retired from service as a Government High School Teacher and according to the respondents in the O.A., at the relevant time he was getting pen