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Original Application No. 180/00125/2016. Case: P.K. Krishnankutty Vs Union of India and Ors.. Central Administrative Tribunal

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Case Number:Original Application No. 180/00125/2016
Party Name:P.K. Krishnankutty Vs Union of India and Ors.
Counsel:For Appellant: Ms. Varkey & Martin, Advs. and For Respondents: Mr. Millu Dandapani, Adv.
Judges:Mr. U. Sarathchandran, Judicial Member
Issue:Adminisrtative Law
Judgement Date:May 30, 2017
Court:Central Administrative Tribunal

Order:

Mr. U. Sarathchandran, Judicial Member , (Ernakulam Bench)

  1. Applicant is a Peon in the Railway Claims Tribunal, Ernakulam. He is aggrieved by non-reimbursement of the medical expenses incurred by him for treatment of his diabetic foot which according to him was advised by a private hospital in Ernakulam for amputation but got cured after undergoing treatment at Cheruppulassery Co-operative Hospital in Palakkad District. He submitted a claim of Rs. 73,335/- for reimbursement of the amount spent by him for treatment at the aforesaid Co-operative hospital. Respondents by the impugned Annexures A7 & A9 communication returned the claim for reimbursement stating that the treatment was available at the Railway Hospital, Trivandrum and that the claim was submitted after six months. As per the pleadings of the applicant, due to diabetics a wound appeared on his right foot and as he suffered unbearable pain in the right lower limb his relatives took him to Lissie Hospital at Ernakulam where amputation of right foot was advised. Unwilling to amputate the foot, the relatives took him to Cheruppulassery Co-operative Hospital where alternative mode of treatment was available. He was admitted there as inpatient from 25.8.2014 to 3.10.2014 and from 27.10.2014 to 27.11.2014 as indicated in Annexures A1 and A2 certificates issued by the said hospital. According to the applicant during all these time he was on 'sick list' as per Annexures A3 and A4 certificates issued by the Railway medical authorities at Ernakulam Junction. Applicant further states that after getting cured due to the treatment by the Cheruppulassery Co-operative Hospital and as he became fit for attending duty, he reported back to duty on 11.3.2015 He prays for relief as under:

    'I) Call for the records leading to the issue of Annexure A7 and A9 and quash the same.

    II) Declare that the applicant is entitled to get reimbursement of the medical expenses incurred by him for his treatment as evident from Annexure A1 and A2 and to direct the respondents to consider the applicant's claim for reimbursement and grant the amount incurred.

    III) Award costs of and incidental to this application.

    IV) Pass such other orders or directions as deemed fit.'

  2. The OA was resisted by the respondents contending that applicant was admitted in the Cheruppulassery Co-operative Hospital on his own although the facility for treatment of his illness was available at Government Hospital at Ernakulam and...

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