Taking treatment in speciality hospital by itself would not deprive beneficial order of Government.

(Writ Petition is filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents to sanction the claim made by the petitioner for medical assistance for his PTCA Stenting that was done to the petitioner on 22.04.2004.)

Though W.P.M.P.No.5349/2006 is listed today for hearing, by consent of both parties, the main Writ Petition itself is taken up for final disposal.

2. The petitioner while he was working as a Lecturer in Physics(SG) in A.V.C. College (Autonomous) Mannampandal, Mayiladuthurai, suffered a heart attack on 7.4.2004. He was admitted in Vijaya Hospital, Chennai, one of the recognised Private Specialty Hospitals for heart ailments. As per the advise of the Doctors, PTCA Stenting was done on 22.4.2004. The petitioner had spent a sum of Rs.1,33,234/- for the treatment. After the treatment, the petitioner was involved in the admission process during May, 2004 and June, 2004. He made the claim on 19.7.2004 to the respondents for medical assistance of Rs.99,975/- being 75% of the claim. The said application was returned by the respondents by order dated 3.8.2004. The reason for refusal to accept the claim of the petitioner is that the petitioner had not made the application within the period of 60 days from the date of discharge and the petitioner has taken treatment in Vijaya Heart Foundation which is not included in the Government Order. It is also stated that the medical claim is permissible only for open heart surgeries and not for the treatment Angioplasty/PTCA Stent.

3. Heard Mr. R. Balakrishnan, learned counsel appearing for the petitioner and Mr.K.Balu,learned Additional Government Pleader appearing for the respondents.

4. For streamlining and approval of the medical claims, the Government issued G.O.Ms. No.400 Finance (Salaries) Department dated 29.8.2000. Of course, Schedule to the said Government Order, prescribes certain ailments for which reimbursement was permitted and the claim should also be made within a period of 60 days from the date of discharge. The Government Order also specifies the name of hospitals for entitlement to claim reimbursement by the claimant for having taken treatment.

5. Insofar as the belated claim, I am of the considered view that the petitioner was admitted in the hospital on 7.4.2004 due to heart attack and he underwent PTCA Stenting on 22.4.2004 and he was discharged on 25.4.2004 at the fag end of the academic year. Thereafter, he was involved in the admission process in the college till the month of June, 2004. For the said reason, he could not make the claim immediately and has made the same on 19.7.2004 i.e., after a delay of 23 days. In my opinion, in matters like this, the time limit prescribed cannot be strictly construed as the Government order is only a beneficial executive order in favour of those who are entitled to claim medical reimbursement. Denying such benefit purely on technical ground of delay, in my view, would be denying the very right to which such persons are entitled to claim the benefit of the Government Order. Moreover, I am convinced with the reason adduced by the petitioner for not making the claim in time.

6. The other reason for rejecting the claim of the petitioner that the G.O.Ms. No.400 does not include either Vijaya Heart Foundation or PTCA Stent for entitlement to make reimbursement, I am of the considered view that the same is unreasonable and cannot be accepted. Infact, my attention is drawn to the subsequent Government Order issued by the Government in G.O. No.556 Finance(Salaries) Department on 8.11.2004 including not only the Vijaya Heart Foundation as one of the recognised hospitals but also the entitlement for Angioplasty/PTCA Stent as one of the treatment for the claim to be made.

7. In matters like this, the Government Orders should not be strictly construed as on the date when the Government Order was issued, the treatment viz., PTCA Stent could not have been invented or in