HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.31819 of 2022

ORDER:

Heard Sri Allika Suresh, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I I I , appearing on behalf of respondent Nos. 1 to 4.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a writ, order, or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 3^rd respondent dated 26-02-2022 vide Memo No.5078/A1/2018 in rejecting petitioner’s representation for payment of medical reimbursement claim to the tune of Rs.3,78,667/- based on memo of 2^nd respondent dt.16-02-2022 vide No.3662/AH(1)/2018 without assigning any reasons and without following the procedure as laid down under G.O.Rt.No.3401 General Administration (GPM and AR) Dept. dated 23-07-2012 as highly illegal, arbitrary, un-constitutional, contrary to law and in violation of Articles 14, 21 of the Constitution of India and consequently set aside the same and direct the respondents to release the said medical reimbursement claim by considering petitioner’s case in terms of G.O.Rt.No.3401 Dt.23/07/2012 and pass...”.

3. The case of the petitioner, in brief, is that the petitioner’s late husband Dr. Suresh Bakshi worked in the Veterinary Department and superannuated on 31.10.1999 as Assistant Director, Veterinary Poly Clinic, Adilabad. The petitioner’s late husband was treated in M./s. Aware Global Hospital, Hyderabad for Myelome Pncytopenia (blood cancer disease) and incurred medical expenses to a tune of Rs.7,61,009/- and died on 24.09.2017. During the lifetime of the petitioner’s late husband, he filed an application before the respondents requesting to reimburse the amount of Rs.7,61,009/- and the Director of Medical Education issued orders for admissible amount of Rs.5,78,667/-. Out of the said amount, Rs.2,00,000/- is the ceiling limit under medical reimbursement scheme. The petitioner submitted a representation dated 26.09.2018 to the 4^th respondent requesting to reimburse the balance admissible amount of Rs.3,78,667/- on humanitarian grounds, however the same was not considered. The petitioner made another representation dated 23.12.2019 resubmitting bills of medical expenses and the 3^rd respondent issued the impugned memo dated 26.02.2022 rejecting the reimbursement of balance admissible amount. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD.

4. Respondent No.3 issued proceedings vide Memo No.5078/ A1/ 2018, dated 26.02.2022 to the respondent No.4 informing that the request of the petitioner for payment of medical reimbursement claim of her late husband for the treatment during the period from 12.06.2017 to 30.06.2017 at Global Hospital, Hyderabad, in relaxation of rules had been rejected. The impugned Memo dated 26.02.2022 of the 3^rd respondent is extracted hereunder “Attention is invited to the reference 3^rd cited, Government in Husbandry Dairy Development & Fisheries (AH-I) Department, Government of Telangana, Hyderabad, has informed that the request of Smt. Vibhavathi Bakshi for payment of medical reimbursement claim in respect of Late Dr. D. Suresh Bakshi, Assistant Director (AH), Veterinary Poly Clinic, O/o DV & AHO, Adilabad District towards treatment for her "Husband" for "MULTI PLE MYELOMA PANCYTOPΕΝΙΑ SEVERE ANEMIA", during the period from 12.06.2017 to 30.06.2017 at Global Hospital, Hyderabad, in relaxation of rules, is not feasible consideration. Hence the proposal is hereby rejected”.

5. Chief Secretary to Government of Andhra Pradesh had issued G.O.Rt.No.3401, Dated 23.07.2012 of General Administration (GPM&AR), in particular clause 5 is extracted hereunder “5. To begin with, the following categories of proposals may be referred to the Standing Committee for their recommendations:

i) Relaxation of Minimum Service/Qualifications for promotions;

ii) Relaxation of Eligibility criteria for compassio