The Director-General of Police & Another v. S. Radhakrishnan
2005-07-04
K.P.SIVASUBRAMANIAM, S.K.KRISHNAN
body2005
DigiLaw.ai
Judgment :- (Appeal under Clause 15 of the Letters Patent as stated therein.) K.P. Sivasubramaniam, J. This Writ Appeal is directed against the order of the learned single Judge dated 14.3.2005 in W.P.No.1175 of 2004. 2. The respondent herein is a Police Constable, who underwent angioplasty surgery. As he was entitled to the medical reimbursement from the Tamil Nadu Police Welfare Fund, he made a claim for a sum of Rs.1,25,000/-. He had submitted all medical particulars with a claim of Rs.84,154/- by his letter dated 10.4.2000 for reimbursement. 3. The said request was, however, rejected by the Government on the ground that the treatment undergone by the petitioner was not covered under G.O.Ms.No.437 of Home Department, dated 17.3.1995 and he was entitled for medical reimbursement only in respect of open-heart surgery and not closed heart surgery. 4. Learned single Judge rejected the objection of the Government holding that the reason given by the Government cannot hold good as in the modern medical treatment, new inventions are introduced and merely because one of the mode of treatment is not included in the list of treatments, there can be no denial of medical reimbursement. 5. Learned Special Government Pleader contends that paragraph 3 of the Government Order has enlisted only certain categories of treatments as eligible for financial assistance. Under Category-I, only open-heart surgery is contemplated and admittedly, the petitioner having undergone closed heart surgery is not entitled for reimbursement. He also contends that the reason given by the learned single Judge that scientific advancement would entitle reimbursement even apart from the categories enlisted in the Government Order cannot be sustained. 6. We do not find any ground to interfere with the order of the learned single Judge. It is admitted that the petitioner had undergone treatment for his heart ailment and the Government Order, which is dated 17.3.1995, has not been updated to include other variations of the same surgery for the same ailment. Advancement in medical science has opened closed heart surgery with reference to the same ailment and there is no justification for the State to refuse to grant medical reimbursement for closed heart surgery, which is performed in dealing with the same ailment. Mere default on the part of the Government in not updating the list of treatments cannot be put against the claimant. 7.
Mere default on the part of the Government in not updating the list of treatments cannot be put against the claimant. 7. In result, We do not find any reason to interfere with the order of the learned single Judge. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, WAMP No.355 of 2005 is closed.