Cochin Port Trust appealed an order granting medical expenses to a retired employee treated at an outside hospital. The Court held that Clause 8(b) of the Regulations excludes liability for outside treatment, thus overturning the lower court's direction to pay.
Cochin Port Trust succeeded; judgment of Single Judge set aside and writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937
WA.No. 1705 of 2009
AGAINST THE JUDGMENT IN O.P.NO.3953/2002, DATED 28-05-2009
APPELLANT(S)/2ND RESPONDENT :
COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN.
BY SRI.K.ANAND (SENIOR ADVOCATE) ADV. SMT.LATHA KRISHNAN
RESPONDENT(S)/PETITIONER & 1ST RESPONDENT :
1. M.K.KUNJAPPAN, RETD. TRAFFIC MANAGER, COCHIN PORT TRUST, MURINGODIYIL HOUSE, NETOOR P.O. MARADU (VIA), ERNAKULAM.
2. UNION OF INDIA, REP.BY SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE (TRANSPORT), NEW DELHI.
R1 BY SRI.P.SANTHALINGAM (SENIOR ADVOCATE) ADVS. SRI.A.D.SHAJAN
R2 BY ADV. SRI.N.NAGARESH, A.S.G. OF INDIA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
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Dated this the 22nd day of February, 2016
JUDGMENT
SHAFFIQUE, J.
This appeal is filed by Cochin Port Trust, the second respondent in O.P.No.3953 of 2002 challenging the judgment dated 28.05.2009.
W.A. No.1705 of 2009
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provision under Clause 8 of the Scheme that, when a reference is made to outside hospital, the beneficiary has to incur the expenditure, it was found that the reference was made by the Chief Cardiologist of the Cochin Port Trust Hospital to Indira Gandhi Co-operative Hospital, Cochin and therefore the Cochin Port Trust is liable to pay charges. That apart, in a similar situation when father of the former Chairman of the Cochin Port Trust was treated in an outside hospital, the said amount was paid by the Cochin Port Trust.
“8.(b): If, for any investigations, reference is required to an outside consultant, agency, hospital or a nursing home, the entire charges there for shall be borne by the beneficiary and paid directly to the outside consultant agency, hospital, nursing home, as the case may be.”
W.A. No.1705 of 2009
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which cannot be equated with the Regulations applicable for retired employees.
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especially in the light of Clause 8(b) which exempts any liability of Cochin Port Trust for any treatment given to retired employees and spouses outside Cochin Port Trust hospital.
In the result this appeal is allowed. We set aside the judgment of the learned Single Judge and dismiss the writ petition.
ASHOK BHUSHAN, CHIEF JUSTICE
A.M. SHAFFIQUE, JUDGE
kp/-23.02.16
2 issues framed by the court
Whether a retired employee of Cochin Port Trust is entitled to medical expenses incurred at an outside hospital referred by the Chief Cardiologist.
Whether Clause 8(b) of the Regulations exempts the Trust from bearing charges for treatment given outside the Trust hospital.
Cochin Port Trust
M.K.Kunjanpan
Union of India
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
