Denial of benefit in spite of sanction order issued by competent authority is illegal.

(This writ petition has been filed under Article 226 of Constitution of India, praying this Court to issue a writ of mandamus directing the first respondent to pay the sum of Rs.67,935/- forthwith as per the sanction order dated 19.9.2005 of the second respondent along with interest at the rate of 18% per annum from the date of first sanction order dated 5.11.2003 passed by the second respondent.)

In this writ petition, petitioner seeks a direction to the first respondent to pay the sum of Rs.67,935/- to him forthwith, as per the sanction order dated 19.9.2005 of the second respondent along with interest at the rate of 18% per annum from the date of first sanction order dated 5.11.2003.

2. The brief facts of the case that are necessary for the disposal of the writ petition are as follows.

(a) Petitioner is working in the third respondent school, which is a fully aided school and getting 100% grant-in-aid from the Government of Tamil Nadu. He was initially appointed as Secondary Grade Teacher on 15.3.1973 and was later promoted as Tamil Pandit in the year 1995.

(b) The Government of Tamil Nadu framed a medical scheme called the 'Tamil Nadu Government Employees Health Fund Scheme' during the year 1992 with an object to provide financial assistance to the Government servants/employees of the Aided Educational Institutions, in case of major ailments either for themselves or for their family members. For that purpose, a Fund was created and each employee has to pay a sum of Rs.25/- per year as contribution towards the Fund. Later the rate of contribution was changed to Rs.10/- per month, from January, 1999. Petitioner made contributions to the said Fund till his retirement on 31.5.2005.

(c) While framing the scheme, the Government issued a list of ailments for which financial assistance can be availed and also issued a list of approved private hospitals from which the employees can take treatment or undergo surgery. The said lists of ailments and approved private hospitals were revised from time to time. The latest Government Order in this regard was issued in G.O.Ms.No.400 Finance (Salaries) Department, dated 29.8.2000. According to the petitioner, as per the said Government Order, every employee, who becomes a member to the Fund, is entitled to get advanced specialised treatment/surgery in any one of the accredited and approved hospitals for undergoing special treatment for themselves or for their family members. The diseases/ailments for which the advanced/specialised treatment/surgery can be undertaken by the employees are given in Annexure-I and the list of accredited and approved hospitals are given in Annexure-II to the said Government Order. As per the said Government Order, the employees can get financial assistance to the tune of 75% of the actual expenditure or Rs.1,00,000/-, whichever is less. The District/Regional Heads are empowered to sanction the financial assistance to the employees after verifying the nature of the treatment underwent and the hospital in which they got treatment.

(d) Petitioner states that his wife S.Kalaiselvi suffered a massive heart attack during April, 2003, and she was admitted into the G.Kuppusamy Naidu Memorial Hospital, Coimbatore. After clinical examinations and based on various medical reports, it was found that she was suffering from Congenital Heart Disease Class-II Dysphoea on exertion. She was admitted as inpatient on 21.4.2003 and discharged on 23.4.2003. The Doctors advised her to undergo immediate surgery to save her life. Hence petitioner's wife was again admitted into the same hospital on 27.4.2003 as inpatient and she was operated for the Congenital Heart Disease on 29.4.2003 and was discharged on 5.5.2003. Even after discharge, she was advised to take medical and follow-up treatment regularly and accordingly, she is taking medicines and going for periodical check-up till date.

(e) According to the petitioner, an amount of Rs.1,03,059.50 was spent towards surgery, treatme