Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE8H DAY OF SEPTEMBER201517TH BHADRA, 1937 WP(C).No. 22239 of 2012 (D) ---------------------------- PETITIONER(S): -------------------------- R. HARIKUMAR AGED42YEARS PANCHAVADYAM, THRICHITTOOR DEVASWOM, ULLOOR THIRUVANANTHAPURAM. Addl.
2. B.S.BINDU P.D.TEACHER, G.G.H.S.S., KANNIAKULANGARA THIRUVANANTHAPURAM. (ADDL.P2 IMPLEADED AS PER ORDER
DATED1703.2015 IN IA401315.) BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.) SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN RESPONDENT(S): ---------------------------- 1. TRAVANCORE DEVASWOM BOARD NANTHANCODE, PIN695001 THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.
2. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAPURAM PIN691001.
3. ASSISTANT DEVASWOM COMMISSIONER ULLOOR, THIRUVANANTHAPURAM695011.
4. SUB GROUP OFFICER THRICHITTOOR DEVASWOM, ULLOOR THIRUVANANTHAPURAM PIN695011. Addl.5. SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 1. WP(C).No. 22239 of 2012 (D) ::2:: Addl.6. DIRECTOR OF PUBLIC INSTRUCTIONS DPI, VAZHUTHAKADU, THIRUVANANTHAPURAM. Addl.7. DISTRICT EDUCATION OFFICER STATUE, THIRUVANANTHAPURAM -1. Addl.8. HEADMISTRESS G.G.H.S.S. KANNIAKULANGARA, THIRUVANANTHAPURAM. ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER
DATED0110.2012 IN IA1313312. R1BY ADV. SRI.D.SREEKUMAR, SC, TDB R.5-R8 BY ADV. GOVERNMENT PLEADER SRI T R RAJESH R BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0809- 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22239 of 2012 (D) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE SUMMARY AND DISCHARGE RECORD. EXHIBIT P2. TRUE COPY OF THE CERTIFICATE DATED225.2009. EXHIBIT P3. TRUE COPY OF THE APPLICATION DT.28.7.2009. EXHIBIT P4. TRUE COPY OF THE ORDER
DATED67.2009. EXHIBIT P5. TRUE COPY OF THE LETTER DT.7.7.2009. EXHIBIT P6. TRUE COPY OF THE CERTIFICATE DT.13.10.2009. EXHIBIT P7. TRUE COPY OF THE LETTER DT.10.2009. EXHIBIT P8. TRUE COPY OF THE SHOW CAUSE DT. 8.6.2009. EXHIBIT P9. TRUE COPY OF THE ORDER
DT. 4.11.2010. EXHIBIT P10.TRUE COPY OF THE LETTER DT. NIL. EXHIBIT P11.TRUE COPY OF THE ORDER
DT.30.3.2012. EXHIBIT P12.TRUE COPY OF THE LETTER DT. 11.4.2012. EXHIBIT P13.TRUE COPY OF THE NOTICE DT.12.6.2012. EXHIBIT P14.TRUE COPY OF THE REQUEST DT.28.6.2012. EXHIBIT P15.TRUE COPY OF THE ORDER
DT.16.8.2012. EXHIBIT P16.TRUE COPY OF THE REPRESENTATION DT.19.8.2012. RESPONDENTS' EXHIBITS : NIL jma TRUE COPY P.A TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 22239 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of September, 2015
JUDGMENT
The only controversy in the writ petition is with respect to the Medical reimbursement, paid by the Devaswom Board to the petitioner with respect to the medical treatment of the petitioner's wife, the 2nd petitioner herein. The 1st petitioner is employed as Panchavadyam Temple employee with the Travancore Devaswom Board. The petitioner was also entitled to make reimbursement as per the medical reimbursement scheme framed by the Travancore Devaswom Board by proceedings bearing No. ROC No.3638/97/Est III dated 23.07.1997.
2. The petitioner applied for the medical reimbursement by Ext.P3. However, with respect to the employment details of the spouse, on whose behalf, the medical claim was made, the columns were left unfilled. It is an admitted fact that the petitioner's wife was employed under the State Government as an P D teacher in G G HSS Kanniakulangara, WPC.No.22239/2012 :
2. : Thiruvananthapuram. The petitioner's wife, the 2nd respondent is also entitled to medical reimbursement from the Government.
3. The form at Ext.P3 indicates that a declaration had to be made that no claim was made before the employer of the spouse, but however, the rule specifically prohibits any such claim being made.
4. Rule 8 of the aforesaid proceedings is extracted hereunder := Rule 8 : Claims and time limit:- (i) Claims for reimbursement of the Medical expenses shall be made within 3 months of the last date of treatment. (ii) If the husband and wife are employees under Board, the reimbursement pertaining to the Medical expenses incurred for the husband and any other members of the family should be claimed by the husband. The Medical reimbursement incurred for the treatment of the wife will be claimed by her that there will be no duplication of the claim. WPC.No.22239/2012 :
3. : If the Husband or wife of an employee is employed under the State Government or any other autonomous body where there is a scheme for reimbursement of Medical expenses, the claim of such person, husband or wife, for Medical reimbursement from the Board will not be entertained. A certificate to the effect that the husband/wife is not employed anywhere will be required for entertaining the Medical reimbursement 5. In the teeth of such prohibition the petitioner would not be entitled to claim the medical reimbursement for the expenses of the medical treatment of the petitioner's wife, the 2nd petitioner herein, since she is employed under the State and is also entitled to claim medical reimbursement.
6. However, at this stage, there are two difficulties before the petitioner insofar as the petitioner's wife, the 2nd petitioner herein being unable to make the claim for reason of the delay and also for reason of the bills being with the Travancore WPC.No.22239/2012 :
4. : Devaswom Board. Considering the facts and circumstances, as also after hearing the additional respondents 5 to 8, this Court is of the opinion that the delay need not interdict the 2nd petitioner from making a claim on the facts and circumstances of the case. The petitioner hence shall make an application before the Travancore Devaswom Board along with the certified copy of this judgment, upon which the Travancore Devaswom Board shall return the entire documents submitted by the petitioner for sanctioning the claim of medical reimbursement within two weeks from the date of submission of the application. The 2nd petitioner shall on or before 31.10.2015 make the claim for medical reimbursement before the competent authority through the additional 8th respondent, in which event the delay shall not be taken into account and the same shall be considered as per the scheme under the State. The petitioner shall also be granted six months time from 31.10.2015 to reimburse the Travancore Devaswom Board WPC.No.22239/2012 :
5. : with the amounts already granted to the petitioner. It is made clear that the Travancore Devaswom Board shall not mulct any interest on the amounts already disbursed. The additional respondents 5 to 8 are directed to expedite the consideration of the medical claim. The writ petition is disposed of with the above directions. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge