K PANKAJAKSHAN Vs. SECRETARY TO GOVT FINANCE PENSION DEPT STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in this writ petition is filed for issuance of a writ of certiorarified mandamus calling for the records relating to the order passed by the 3rd Respondent in K:/K:/e/X/t./(4)-19317-2008 which has been signed by them on 12.08.2008 quash the same thereby directing the Respondents to sanction the Medical reimbursement eligible to the Petitioner as per the Government Order for the surgery conducted on the Petitioner as per law.

(2.) The brief facts which are necessary for the disposal of this writ petition are as under:

(3.) Heard the learned Counsel appearing for the Petitioner and the learned Government Advocate. Learned Counsel for the Petitioner would vehemently contend that at the first instance, the Respondents have not given an opportunity to the Petitioner to explain as to under what circumstances he was compelled to take treatment at the particular hospital and the denial of the medical reimbursement due to the employee would defeat the very object of the scheme. According to the Petitioner as the life saving operation was performed on the Petitioner on an emergent situation, the Respondents cannot deny the reimbursement on flimsy grounds. Learned Counsel for the Petitioner would also place reliance on a decision rendered by a learned Single Judge of this Court on 19.11.2008 in W.P. No: 37092 of 2007 in support of his contention.