A government servant's valid medical reimbursement claim cannot be denied on technical grounds, such as the date of formal empanelment of a specific hospital department, once the factum of treatment and medical necessity have been established.

JUDGMENT

Anil K. Narendran, J.

1. Respondents in W.P.(C)No.26575 of 2025 are before this Court in this writ appeal invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 26.11.2025 of the learned Single Judge in that writ petition, which was one filed by the respondent herein petitioner, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 communication dated 02.04.2025 and Ext.P8 communication dated 29.04.2025 issued by the 1st respondent State of Kerala, through the 2nd respondent Principal Secretary to Government, General Education Department, whereby the claim made by the petitioner for medical reimbursement stands rejected, for the reason stated therein; a writ of mandamus commanding the respondents to forthwith sanction and disburse the petitioner the full amount of medical reimbursement claimed for the treatment she had undergone at Christian Medical College, Vellore, for the period from 10.11.2022 to 24.11.2022 and from 15.12.2022 to 01.01.2023, amounting to Rs.11,64,732/-, together with interest at such rate as this Court deems just and proper, from the date of submission of the claim till realisation; and to direct the respondents to pay reasonable cost and compensation to the petitioner for the mental agony, harassment and hardship caused to her due to arbitrary and unjust rejection and inordinate delay in settling the legitimate claim for medical reimbursement.

2. Going by the averments in the writ petition, the petitioner, while working as High School Teacher (Mathematics) at Amayanoor High School in Kottayam, underwent treatment from 10.11.2022 to 24.11.2022 at the Hematology Department of Christian Medical College, Vellore, incurring an amount of Rs.3,91,631/-, covered by Ext.P1 receipt dated 24.11.2022, as she was diagnosed with T-Cell Acute Lymphoblastic Lymphoma/Leukemia and Lung Cancer. She was readmitted on 15.12.2022 at the Hematology Department of Christian Medical College, Vellore, where she underwent treatment for T-Cell Acute Lymphoblastic Lymphoma/Leukaemia, Spontaneous Tumor Lysis Syndrome, Adenocarcinoma Lung and Oliguric Acute Kidney Injury and discharged on 01.01.2023, as evident from Exts.P2 discharge summary dated 01.01.2023. She incurred an amount of Rs.7,73,101.75 for that treatment, covered by Ext.P3 receipt dated 10.01.2023. The document marked as Ext.P4 is a copy of Government order dated 18.02.1997, whereby certain modifications were made to the Kerala Government Servants’ Medical Attendance Rules, 1960, as recommended by the 5th Pay Commission. The appendix-I to the said Government order contains the list of diseases and centres where treatment facilities are available and treatment charges of the procedures. Cancer treatment - Bone marrow transplantation for lymphoreticular and haematological malignancy – at Christian Medical College, Vellore is included in the said list under item No.IV. Vide Ext.P5 Government order dated 17.02.2014, the Government made amendments to Articles 249, 254 and 254A of the Kerala Financial Code Vol.I , in order to provide that 100% of the estimate cost for undergoing treatment/procedure for the diseases/procedures listed in Annexure-I, as certified by the institution where the treatment is to be taken, will be sanctioned to Government Servants’ as interest-free loan subject to the a