Back
2008 Supreme(Mad) 4618
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE V. DHANAPALAN
V.S. Krishnan
Versus
Government of Tamilnadu rep. By its Special Secretary & Another
W.P.No.27368 of 2008 and M.P.No.1 of 2008
Decided on: 15-12-2008
For the Petitioner:D. Hariparanthaman, Advocate.
For the Respondents: D. Sreenivasan, AGP.
The prescription of a time limit for claiming medical reimbursement, not provided for in the governing rules, is arbitrary and illegal, emphasizing the beneficial nature of the legislation and the constitutional obligation to provide health facilities.
Headnote:
Health Fund Scheme - Medical Reimbursement - Tamil Nadu Government Employees Health Fund Rules, 1991 - Rule 1991 - Special Secretary's Prescription of Time Limit - Illegal and Arbitrary
Fact of the Case:
The petitioner, an employee in the City Civil Court, Chennai, sought reimbursement for medical expenses incurred due to severe injuries sustained in an accident. The application was rejected by the Registrar, City Civil Court, Chennai, citing failure to submit the application within the prescribed 60-day time limit.
Finding of the Court:
The court found the prescription of a 60-day time limit for claiming medical reimbursement to be arbitrary and illegal, as it was not provided for in the Tamil Nadu Government Employees Health Fund Rules, 1991. The court set aside the impugned order and remitted the case to the respondents for issuance of medical reimbursement without technical disputes.
Issues: The key issue was the legality of the prescribed 60-day time limit for claiming medical reimbursement under the Health Fund Scheme.
Ratio Decidendi: The court held that the prescription of a time limit for claiming medical reimbursement, not provided for in the governing rules, was arbitrary and illegal. It emphasized the beneficial nature of the legislation and the constitutional obligation to provide health facilities.
Final Decision: The writ petition was allowed, the impugned order was set aside, and the case was remitted to the respondents for issuance of medical reimbursement without technical disputes. The court also directed the respondents to make the reimbursement within two months, failing which they would be liable to pay interest at the rate of 8% on such dues.
S.J. Mukhopadhaya, J.
1. The writ petition has been preferred by the petitioner, for declaration that the order passed by the 1st respondent in letter No.57995/Salaries/99-1 dated 10th October, 1999, in so far as prescribing 60 days time limit for making application for financial assistance under the Tamilnadu Government Employees Health Fund Scheme and the order dated 16th February, 2008 passed by second respondent, Registrar, City Civil Court, Chennai as illegal and arbitrary and consequently direct the respondents to reimburse the petitioner the medical expenses with 12% interest.
.2. The petitioner is an employee in the City Civil Court, Chennai. Originally, he was appointed in the Tamil Nadu Highways Department as Junior Assistant on 1st March, 1978 and on selection through Tamil Nadu Public Service Commission, he was appointed as Junior Assistant in Judicial Ministerial Service in 1980. He was posted to work in Labour Court, Chennai and in the meantime, in the year 1993, he was promoted as Assistant and transferred to NDPS Court, Chennai. For the present, he is working as Assistant in City Civil Court, Chennai.
3. The further case of the petitioner is that on 23rd July, 2007, while he was coming back to Court after taking lunch around 2.00 p.m., he fell down while climbing down from the platform in NSC Bose Road opposite to High Court. Due to the fall, he sustained severe injuries and bone fractures to his hip and leg. Immediately, he informed about the accident to the office and was taken to the Government General Hospital, Chennai-3. He was given first aid and other treatments in Government Hospital. However, the Doctors informed him that operation can be performed only after two or three months, due to shortage of staff. He was admitted to Vijaya Health Centre at Vadapalani, Chennai. He was admitted there as Indoor patient on 23rd July, 2007 and surgery was performed on 25th July, 2007. He was discharged from the said hospital on 6th August, 2007, but was advised to take post operative care and treatment including physiotherapy. He was also advised to use walker till the injuries completely got cured and healed. Even after discharge, he was continuously going for physiotherapy as advised by the doctors. Therefore, he was not able to stand or walk freely even with the aid of walker or others.
4. The petitioner was on medical leave from the date of accident and since there was no leave to his credit, he was sanctioned only leave without pay. He rejoined duty on 2nd January, 2008, whereinafter he submitted application on 8th February, 2008 along with medical bills and requested the 2nd respondent to sanction and reimburse the sum of Rs.1,05,066/- towards medical expenses, which he incurred for surgery and treatment. It was further stated that even after joining on 2nd January, 2008 he is not able to move or walk freely and he has to take more efforts and pain for his normal movement.
.5. When the petitioner was waiting for a favourable order, he received the impugned order dated 16th February, 2008, whereby the Registrar, City Civil Court, Chennai giving reference to Government letter No.57995/Salaries/99-1 dated 10th October, 1999 issued from Finance (Salaries) Department, rejected the application for medical reimbursement on the ground that he had not submitted the application in prescribed form and within the stipulated time of 60 days from the date of discharge from the hospital as required in the aforesaid letter of the Government.
6. The learned counsel appearing on behalf of the petitioner referred to the scheme brought in by State Government under Tamil Nadu Government Employees Health Fund Rules, 1991. It was stated that in the absence of any time limit fixed therein, by Government instructions, no time limit can be framed for submitting the application for reimbursement of medical expenses and any time limit so prescribed is illegal and arbitrary. He also relied on one or other Judgements of this
