A BALAMURUGAN Vs. STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to challenge an order dated 12.03.2012 and after setting aside the same seeks for a consequential direction to permit the petitioner to undergo the renal transplantation in the fifth respondent hospital. By the impugned order, the General Manager of the respondent TASMAC informed the petitioner that for the purpose of undergoing renal transplantation, under the provisions of Health Fund, maximum only Rs. 1 lakh can be given. Therefore, the petitioner was directed to undergo treatment and thereafter, claim the amount as per the rules.

(2.) The petitioner contended that he is having salary of only Rs. 5000/- per month and it will be difficult for him to mobilize such an huge amount. The Doctors have examined him and found that he is suffering from chronic kidney disease end stage Renal disease. The petitioner was advised to undergo renal transplantation. The approximate cost for the said surgical procedure would be around Rs. 5 lakhs. The petitioner is already paying Rs. 80/- per month to become the member of the health fund. Since the respondent establishment had obtained exemption from being the member of the ESI, it was prayed that a direction should be given to the respondent TASMAC to provide medical assistance for undergoing treatment.

(3.) On notice from this court, Mr.S.Muthuraj, the Standing Counsel for TASMAC obtained a counter affidavit, dated 19.04.2012 from the third respondent. In the counter affidavit, in paragraphs 7 to 9, it was averred as follows: