Allowed

K.V.O. Narasi Babu v. The State of Telangana

Telangana HC4 Nov 2022WP/40586/2022

Case brief

AI extract

What is this about?

This bench allowed a writ petition filed by a Court Officer seeking medical expense reimbursement forCovid-19 and fungal pneumonia treatment. The Court held that Government restrictions on reimbursement do not apply to High Court employees without the Chief Justice making them applicable. It ordered respondents to pay the balance amount after deducting already disbursed sums.

What did the court decide?

Respondents directed to reimburse balance medical expenditure of Rs. 7,70,166 after deducting already paid amounts within three months.

K.V.O. Narasi Babu Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRI JUSTICE P NAVEEN RAO AND THE HON'BLE SRI JUSTICE J SREENIVAS RAO

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WRIT PETITION NO: 40586 OF 2022

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Between:

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K.V.O. Narasi Babu, S/o Late KVG Krishna Murth y, Aged About: 53 years, Occ: Court Officer in High Court of TS R/o.16-11-3 10191312, Saleemnagar Colony Malakpet, Hyderabad 500036.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Medical and Health Dept., Secretariat Buildings, Saifdbad, Hyderabad.

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2 The Director of Medication Education, Sultan Bazar, Koti, Hyderabad-95. 3 High Court for the State of Telangana, Rep. by its Registrar (Administration), Hyderabad.

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..,RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in rejecting the claim of the petitioner vide in its L. Dis. No. 33766(1yMA-B12021 , dL25-09-2O21 and consequential L. Dis. No. 33769(1)|MA-N2O21, dt.2910912021 for reimbursement of Medical Bills, incurred towards the treatment of Covid-19 Pneumonitis from 30/04/2021 to 121051202 1 and again for the treatment of Pulmonary MucormycosisSpesi (Black Fungus) Irom 2510512021 to 1410612021 both the treatments were held at Care Hospital, Nampally, Hyderabad as being illegal and arbitrary action on the part of the said respondent and also co_ntrary to the orders of this Hon'ble court directions passed in WP No.22645 of 2020 dl.12to7l2O22, u nconstitutiona I and consequently direct the 2nd respondent herein

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to reimburse the a rount of Rs.7,70,1661 being the balan:e of total amount claimed by the petit :ner towards medical reimbursement for treatment of Covid19 Pneumonitis fror t 3010412021 to 12-05-2021 and again f,:r the treatment of Pulmonary Mucormr cosisSpesi (Black Fungus) from 25/0512A21 b 14/0612021 forthwith.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circrnrstances stated in the affidavit filed in support of the petition, the High Court rrray be pleased to direct the 2nd respc rdent to reimburse the amount of Rs.7,70,'1661 being the balance of total amo nt claimed by the petitioner towards merlir:al reimbursement for treatment of Cov l-19 Pneumonitis lrom 3010412021 to 121J512021 and again for the treatment rf Pulmonary MucormycosisSpesi (Bllck Fungus) from 2510512021 to 14106l,02'1 , pending disposal of the Writ Petitiorr.

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Counsel for the Petir oner: SRI MAMIDALA THIRUMAL RAO

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Counsel for the Resi ondentNos. 1&2: GP FORMEDICAL HEALTH AND

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FAMILY WELFA it[: FOR

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GP FOR SERVICt:li- ilt

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The Gourt made the rllowing: ORDER

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HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J.SREENIVAS RAO

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WRIT PETITION No.4O586 OF 2022

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ORDER: r Hon'ble Si Justice P.Naueerr Rao

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Heard Sri Mamidala Thirumal Rao, Iearned counsel for the petitioner and learned Covernment l)lcader for Services-[[I.

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Petitioner is a Court Officer in the High Court for the State of Telangana. According to petitioner, he suffered Covid-19 Pneumonitis and on 3O.O4.2O21, he was admitted to Care Hospitals, Nampally; he was discharged on 12.O5.2021 and incurred an amount of Rs.4,50,000/- towards treatment. According to petitioner, he was again admitted in Care }lospitals for necrotizing pneumonia suggestive of fungal PTB and was in hospital Lill 14 .06.2021 . For the later period, petitioner has incurred an amount of Rs.5,20,166/-. Claiming reimbursement of the medical expenditure incurred by him, petitioner submitted applications. The said applications were forwarded to the Director of Medical Education. The Director of Medical Education by his letter dated 25.09.2O21 informed that the total admissible amount is Rs. 1,59,591/-, but as per the ceiling imposed by the Government, petitioner is entitled to receive only Rs. 1,0O,000/ -. With reference to another claim, the Director of Medical Education, vide his letter dated 29.O9.2021 informed that the totai admissible amount is Rs.3,97,4761-, but as per tJ.e ceiling limit, petitioner is entitled to receive only Rs. 1,0O,O00/-. Accordingly, these two amounts are paid.

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-.---._.r

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TIrc issur r:iised in this writ petition is no rrrorc rcs integra. Similar isstre ar rse for consideration before this Court in W.P.No.262 1O of 1995. In tir said u,rit petition also petitioner was an cmployee of High Court anr u,hen he submitted medical bills fo r- reimbursement, small amour1t rf reimbursement was granted from out of the total expenditurc inr urred by him for treatment. The^,'espondents have taken a stand 1 rat cven the employee of High Court lzas not entitled to full reimburscn ent o[ the expenditure incurred by hirn. Overruling the

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said ob-jc,'tiorr. h<' Division Bench held as under :

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''ln vrcrr'()l hc above, it has to be declared that the r(strictions as in G.O.Ms.No I ]4 or any other order of the Governn^()1t upon lhe reirnlrrrrscrn' nt of the medical expenses to the Governmer t employees itre not applical e to the employees of the High Court unless they are made applicablc b tre Chief Justice of the Court. The rmpugrr,:<l Govemmcnt Ordcr rejc< t^'rg the claim of the petitioner in the aloreme rtioned letter of the sccond I spondent herein thus is wholly without^{jurisci3lionr} the same is accordinp r rluashed. Respondents are directed to cons.rlcr the claim of the pctitior--c irl the light of the rules unellected by^t he Gotr:rnment Orders imposrr]g r rslrictions upon the reimbursem€nt 01 the medical attendance/ rcalmcnt costs b]' various governmrnt Or,lers, strictly in accordanc( /ith the Andhra Pradesh Integrated Merlical A.lendance Rules, 1972 as rro iified from time to time in consultation with t L,e Chief Justice of the High Court. [n view of the directions aforementioned, no further discussion c^-the issues raised by the p€titioner herein is r:quired.'

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Similar i ;sue was raised in W.P.No.19613 of 2O05. Following the decision in W.I .No.26210 of 1995, W.P.No.19613 of 2005 was allowed.

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Accordir g to the 3rd respondent, no Rules are lormulated by the Hon'ble Chiel , ustice of the High Court and no restri()tion is imposed on the employec s working in the lJigh Court. Thereforr , the principle laid down by thc )ivision Bench of this Court in W.P ltlo.2621o of 1995 holds field zu d in terms thereof, petitioner is also entitled to full

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rcimburs'cment of me.ic.rr cxpLr.riiLLrr. i.currcci br rrirrr iirr .is trcatment.

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Writ Petition is accordingly allowed and the rcspondents 1 and 2 are directed to reimburse the balancc amount of medical expenditure incurred by the petitioner after deducting Rs. 1,00,OO0/ _ from out of Rs. 1,59,59i/- and after deducting Rs.1,OO,0O0/- from out of 3,97,476/- which were already paid, rvirhin a period of three (3) months from the date of receipt of copy of this order.

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Pending miscellaneous petitions, if any, shall stand closed.

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SD/.I. NAGALAKSHMI DEPUTY REGISTRAR //TRUE COPY/I ,,/ sEcroN 6rrrceR

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To, 1. The Principal Secretary, Medical and Health Dept., State of Telangana, Secretariat Buildings, Saifabad, Hyderabad.

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The Director of Medication Education, Sultan Bazar, Koti, Hyderabad-95. 3. The Registrar (Administration), High Court for the State of Telangana, Hyderabad

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