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2025 Supreme(Online)(Ker) 45610

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
STATE OF KERALA – Appellant
Versus
SATHEESH CHANDRAN.C – Respondent
OP(KAT) NO. 401 OF 2025



Advocates:
For the Appellants/Petitioners: SRI A J VARGHEESE SR. GP
For the Respondents: SRI.B.RAGHUNATHAN, SRI.M.SALIM, SHRI.R.SRINATH, SRI.K.JALADHARAN, SRI.V.M.JACOB

The court requires a reassessment of medical advancement claims under modified governmental reimbursement schemes, emphasizing the importance of considering actual treatment costs.

Headnote:(A) Article 227 of the Constitution of India - Supervisory jurisdiction - The respondents in O.A. No.1227 of 2025 sought to set aside interim orders of the Kerala Administrative Tribunal regarding medical advances for transplantation. The applicant required organ transplantation due to chronic health issues, and the government was directed to process medical advance applications in light of health needs. (Paras 1 to 17)

(B) Medical Reimbursement - Provisions of Kerala Government Servants’ Medical Attendance Rules, 1960 and the MEDISEP Scheme were analyzed regarding eligibility for medical advances post-revision and orders relating to organ transplantation expenses. The Tribunal’s interim orders were deemed unsustainable due to these provisions, requiring a reassessment of the applicant’s entitlement based on actual incurred costs. (Paras 11 to 13)

Facts of the case:
The applicant had to undergo simultaneous liver and kidney transplantation, requiring a substantial medical advance which was subject to governmental guidelines. The claims for medical advances were challenged, highlighting the modifications in the reimbursement schemes affecting the applicant's entitlements.

Findings of Court:
The court set aside interim orders of the Tribunal, directing a reassessment of the applicant's entitlement to necessary funds under the revised medicinal advancement schemes and by considering additional documentation from the applicant regarding previous expenditures.

Issues: Whether the applicant could claim medical advances for treatment under the modified guidelines of the MEDISEP Scheme and to what extent.

Ratio Decidendi: The court ruled that interim measures of the Tribunal were unjustified as they conflicted with the revised governmental medical schemes, necessitating a reevaluation of the applicant’s claims based on accurate medical necessitates and documented expenses.

Result: The original petition was disposed of in favor of a reassessment.

Table of Content
1. applicant seeks medical funding due to severe health condition. (Para 1 , 2 , 3)
2. tribunal orders state to process funding for medical intervention. (Para 4 , 5)
3. final decision to direct a reconsideration of entitlement for medical advances. (Para 8 , 15 , 16)
4. court directs reevaluation of the applicant's claim under medisep provisions. (Para 10 , 11 , 17)
5. government's obligation to provide medical assistance is reinforced by court observation. (Para 12 , 13 , 14)

Anil K. Narendran, J.

The respondents in O.A.No.1227 of 2025 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , seeking an order to set aside the interim orders passed by the Tribunal in that original application, i.e., Ext.P5 order dated 07.08.2025 in M.A.No.1411 of 2025, Ext.P9 order dated 20.08.2025 in M.A.No.1460 of 2025, Ext.P11 order dated 03.09.2025 in M.A.No.1562 of 2025, Ext.P12 order dated 10.09.2025 and Ext.P13 order dated 22.09.2025 in O.A.No.1227 of 2025.

2. The respondent-applicant is working as Junior Health Inspector Grade-I in the Health Services Department. Going by the averments in the original application, the applicant was diagnosed with chronic liver disease and kidney damage at the Government T.D.Medical College, Alappuzha. As per medical opinion, liver and kidney transplantation is the only solution. Since no organ transplantation facility is available in any of the Government Medical Colleges in the State, he was referred for further treatment at Aster Medcity, Ernakulam. The document marked as Annexure A1 is a medical certificate dated 12.05.2025 issued by the Senior Consultant-Hepatology and Liver Transplantation, Integrated Liver Care, Aster Medcity, Ernakulam. Annexure A2 is a certificate dated 12.05.2025 issued by the Manager-Billing, Aster Medcity, Ernakulam, wherein it is stated that the total expenditure for simultaneous liver and kidney transplantation and hospitalisation, including donor charges, will come around Rs.35 lakhs approximately for hospital stay up to 21 days in single room under self-pay category. The applicant submitted Annexure A3 application in the proforma provided in Appendix-II of the Kerala Government Servants’ Medical Attendance Rules , 1960, before the Director of Health Services, through the District Medical Officer (Health), Kottayam, for Interest Free Medical Advance. The Director of Health Services (the 4th petitioner herein) forwarded the said application, along with supporting documents, to the State of Kerala - Health and Family Welfare Department (the 1st petitioner herein) vide Annexure A4 letter dated 05.06.2025, with a request to sanction an amount of Rs.35 lakhs to the applicant for his treatment at Aster Medcity, Ernakulam, as per G.O.(P)No.285/00/H&FWD dated 02.11.2000 and G.O.(P)No.298/01/H&FWD dated20.11.2001. The document marked as Annexure A5 is a copy of G.O.(P)No.45/1997/H&FWD dated 18.02.1997, whereby the Government made certain modifications to the , 1960 based on the recommendations of the Fifth Pay Commission. Annexure A6 is a copy of G.O.(P)No.384/ 1999/H&FWD dated 15.09.1999, whereby the Government made further modifications to the Medical Attendance Rules, based on the recommendations of the Pay Revision Committee, 1997. Annexure A7 is a copy of G.O. (P)No.285/2000/H&FWD dated 02.11.2000 and Annexure A8 is a copy of G.O.(P)No.298/2001/H&FWD dated 20.11.2001, whereby the Government made further modifications to the Medical Attendance Rules. Annexure A9 is a copy of G.O. (P)No.10/2016/H&FWD dated 21.01.2016, whereby the Government issued orders regarding empanelment of private hospitals for medical reimbursement. Aster Medi City [sic: Aster Medcity], Ernakulam is Serial No.37 in the list of private hospitals for empanelment in the Annexure to the Government order dated 21.01.2016, as per which all departm

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