Justice (Retd.) N. Arumugam vs State of Tamil Nadu

P. Jyothimani, J.—This writ petition has been filed for a direction to the respondents to reimburse a sum of Rs.4,45,200/- towards medical

expenses spent by the petitioner.

The case of the petitioner is that being a retired Judge of this Court, having served in the High Court of Bombay and subsequently the Chairman

of the Tamil Nadu Backward Classes Commission, he is entitled for the benefits available to the retired Judges and also that of the Chairman of the

Tamil Nadu Backward Classes Commission.

In respect of bye-pass surgery undergone by the petitioner for the Cardio problem and subsequently major operations were done to the

petitioner while he was working as the Chairman of the Tamil Nadu Backward Classes Commission and the hospital has claimed a total bill of

Rs.4,45,200/-.

In fact the petitioner has paid the amount claimed by the Hospital. Since the petitioner is eligible for full reimbursement of the amount spent by

him, which is allowed to all the retired Judges of this Court and the subsequent posting as the Chairman of the Tamil Nadu Backward Classes

Commission which is also equivalent to the sitting Judge of this Court the petitioner made claims.

The petitioner has made representations to the respondents on 5.8.2004 and 19.1.2005. In fact the second respondent by his communication

dated 28.1.2005 has informed the petitioner that the matter is being dealt with urgently. In spite of that there was no development and the amount

has not been paid, which has resulted in the filing of the present writ petition for a direction as stated above.

When the matter came up for admission, this Court has directed the learned Government Advocate to take notice. On 18.7.06 the learned

Government Advocate informed this Court that the matter is under active consideration of the Government and final orders will be issued soon.

Subsequently, on 29.8.2006, the learned Government Advocate has submitted that the Finance Department has already approved the bill and only

a formal order has to be passed and in such circumstances the matter is posted today for reporting compliance.

Today, the learned Government Advocate would submit that the final orders will be passed at any time. Further, he would submit that within the

stipulated time the order will be passed in respect of the reimbursement of the amount.

In view of the above said fact, I do not think that there will be any legal impediment on the part of the second respondent to pass orders granting

reimbursement to the amount already spent by the petitioner in respect of the medical treatment undergone by him especially in the circumstances

that the said fact and quantum of payment are not in dispute.

In view of the specific stand taken by the learned Government Advocate, the second respondent is directed to pass orders granting

reimbursement to a sum of Rs.4,45,200/- which has already paid by the petitioner and such orders shall be passed within a period of two weeks

from the date of receipt of copy of this order. Consequently, connected M.P. is closed. No costs.