Entitlement to reimbursement under the Special Medical Assistance Scheme for cancer treatment, and the invalidity of hypertechnical pleas in denying reimbursement.

1. This writ petition has been filed praying that this Court may be pleased to issue a writ of mandamus to direct the respondent to reimburse to the petitioner, a sum of Rs.1,00,000/-, spent on the cancer treatment given to the petitioner’s husband, together with the interest thereon, at the rate of 9% per annum, from the date of the original claim, till the date of the payment of the claimed amount.

2. It has been stated that the petitioner’s husband, late Kumaravel, had joined in the service of Pattukottai Azhagiri Transport Corporation, on 28.2.1981. Later, he had been promoted as a Junior Tradesman and subsequently, as a Tradesman. He had been working in the R.C. Unit of the respondent Corporation, at Vellore. While so, he was residing at a rented house in Vellore.

3. It had been further stated that during the months of March and April, 2003, he had fallen ill and therefore, he had gone to Sri Ramachandra Medical Centre, Porur, Chennai, for treatment. After the clinical examinations and the various tests performed by the hospital, he was diagnosed to be suffering from cancer of the rectum (carcinoma of rectum) with peritoneal and pelvic secondaries. Therefore, he had been admitted in the said hospital, as an inpatient, on 1.4.2003. After obtaining a biopsy report, an operation had been performed for the removal of the cancerous tumour. Thereafter, he had been discharged from the hospital, on 21.4.2003.

4. It has also been stated that a total sum of Rs.1,57,264.65/- had been spent for the treatment given to the petitioner’s husband, including the various amounts spent on medicines, Chemotherapy, surgery, professional charges, room rent, diet and for other tests and for the reports. The petitioner’s husband had submitted a representation, dated 23.4.2003, to the respondent Corporation, requesting for the reimbursement of the medical expenses incurred towards the treatment given to him and for other incidental expenses. After he had reported for work, on 4.7.2003, he was afflicted by jaundice and therefore, he had been admitted in the hospital, once again, on 31.8.2003, incurring a further expenditure of a sum of Rs.50,000/-.

5. It had also been stated that the petitioner’s husband had made his claim for the reimbursement of the medical expenses incurred during the treatment given to him, as per the `Special Medical Assistance Scheme’ formulated and implemented, based on clause 79 of the settlement, dated 13.2.1999, concluded under Section 12(3) of the Industrial Disputes Act, 1947. He has been making his monthly contributions, as per the said Scheme. According to the scheme in question the workman are entitled to financial assistance, upto a maximum of Rs.1 lakh, towards the expenses incurred by them for heart surgery, and for certain other medical expenses, including kidney transplantation, cancer surgery, brain tumour surgery, both for the workman concerned and for their family members.

6. It has been further stated that the petitioner’s husband had died on 22.10.2003, leaving behind the petitioner and his son K.Praveen. Thereafter, the petitioner had made a representation, dated 9.9.2004, requesting the respondent Corporation to reimburse the medical expenses incurred for the treatment given to the petitioner’s husband. Even though the respondent had settled the terminal benefits of the petitioner’s husband no payment had been made, with regard to the amount due to the petitioner, under the `Special Medical Assistance Scheme’. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.

7. In the counter affidavit filed on behalf of the respondent, it has been stated that the `Special Medical Assistance Scheme’ is available to the workmen of the respondent Corporation, as per the rules and regulations prescribed in the Government Order, in G.O.Ms.No.400, Finance (Salaries) Department, dated 29.8.2000. Under the subject Oncology,