E V KUMAR Vs. UNION OF INDIA REP

JUDGEMENT

(1.) The petitioner, the former Additional District and Sessions Judge of Karaikal, Pondicherry has sought for a writ of certiorarified mandamus to call for the records relating to the order of the second respondent in G.O.Rt.No.573/95-LD dated 13.12.1995, to quash the same and to direct the respondents to reimburse to the petitioner, the actual amount of expenditure incurred by the petitioner for taking treatment of undergoing Coronary by-pass surgery in the Apollo Hospitals, Madras as certified by the Chief Cardio Thoracic Surgeon of the said hospital, after deducting the medical advance granted by the second respondent under G.O.Rt.No.288/95-LD dated 05.06.1995.

(2.) In view of the undisputed facts, it is not necessary to deal with the factual contentions raised by the petitioner. Admittedly, the petitioner underwent coronary by-pass surgery in Apollo Hospitals, Madras and the Hospital is also duly authorised by the Pondicherry Government as one of the private hospitals recognised for coronary by-pass surgery, namely Annexure-I of the Office Memorandum dated 20.07.1994.

(3.) It is also not disputed before me that the provision of Central services (Medical Attendance) Rules are applicable to the case of the petitioner herein. Rule 6, of the Medical Attendance Rules is as follows: