The High Court · 2025

Smt. J- Srilatha, Wo. Not Known, Aged about not known' Occ Regional Manager, TSRTC, Warangal Smt. Vijay Madhuri, Wo. Not Known, Aged ab9[no] known, Occ' Depot trrtanag6r, TSRTC, Narsampet, Warangal Rural District ...Respondents lA NO: 1 OF 2023 Petition under section 151 cPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition'theHighCourtmaybepleasedto.direct the respondent heiein to implement the orders dated 11.04.2022 in W'P-No,41067/20l6forthwithbyreleasingthemedicalreimbursementaSwellaS salary for the sick leave period from February 2015 to February 2016 IA NO: 1 0F 2024 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be please'd - -to i"""i"" il Bills submrtted by the Asian lnstitute of Gastroenterology and ii) 9to. _. !4s No. 97 along with Annexure, as additional material papers in CC No' 33212023 and close the CC No.332/2023. =7 lA NO: 2 OF 2024 Petition under Sectron '151 CPC praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may be pleased to receive (i) Bills subnritted by the Asian lnstitute of Gastroenterology and (ii) G O.f\I.S.No.97 along with Annexure, as additional material papers in C.C No 332 of 2023, and close the C.C No.332 of 2O23 . Counsel for the Petitioner: SRI P- SRIDHAR RAO Counsel for the Respondents: SRI N. CHANDRA SEKHAR (SC FOR TSRTC zoNE 2) The Court made the following ORDER: Il THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI CONTEMPT CASE NO. 332 OF 2023 ORDER: This Contempt Case is filed alleging willful, intentional and deliberate disobedience and violation of orders of this Court dated 11.O4.2O22 in W.P.No.41067 of 2016 by the respondents and punish them under Section 10 to 12 of the Contempt of Courts Act and to pass such other order or orders in the interest ofjustice.

2. The direction of the writ petition was "to reimburse the medical bills to the petitioner as per his eligibilitg and also to pag the salary to the petitioner for the sick leaue period from February 2015 to February 2016 if not paid earlier and the enttre exercise shall be completed uithin a period of 12O days from the date of receipt of a copg of the order".

3. It is alleged that the petitioner has made a representation dated 11.O7.2022 to the respondent No.2 by enclosing the order copy of the Court arrd approached the 2 respondents several times subsequently and had also got issued a legal notice dated 13.1L2O22 for compliance with the directions of this Court, but the respondents have failed to comply with the directions of this Court and therefore, this Contempt Case has been filed

4. The Contemnor/respondent No.1 has filed a counter affidavit stating that the petitioner has undergone " Hepato Jejunostamg" at the Asial Institute of Gastroenterolory, Somajiguda and the price hxed by the Government of Telangana for such a procedure as part of the EHS package was Rs.69,170l-, vide G.O.Ms.No.97, dated 07.06.2017 and therefore, the competent authority has sanctioned a sum of Rs.69,17O/- and has also paid the same vide cheque dated 03.O3.2023 and therefore, there is compliance with the directions of this Court. As regards the salary for the sick leave period is concerned, it is submitted that the salary due has been paid. Along with the counter affidavit were enclosed the bills submitted by the Asian Institute of Gastroenterolory and G.O.Ms.No.97 along with w 3 Annexure as additional material papers in C.C.No.332 of

2023. ! I

5. With regard to the payment of sick leave, another counter affidavit was filed by the respondent No.2 giving the details of the opening leave balances of the petitioner as on Februa4l, 2015 and after duly debiting the leave balalce, the petitioner was paid salary for the months February,2O15 to July,2015. It is further submitted that all the leaves of the petitioner were exhausted in his leave account by the said date and therefore, the petitioner was not entitled to sick leave from August, 2015 to February, 2016 and therefore, there is compliance with the directions of this Court.

6. Having regard to the rival contentions and the material on record, from the Annexure of G.O.Ms.No.97 of Heatth, Medical and Family Welfare (A1) Department, dated

07.06.2017, this Court finds that Serial No'595 relates to " Hepato Jejunostamg" and the price for private ward-NABH Hospitals was fxed at Rs.69,17O1-. Para-2 under the 4 caption of In-Patient Treatment in G.O.Ms.No.97 reads as under:

2. NABH Super Specialtu Hosoitals: As per the recommendation of tlte Committee, . Gouemrnent considerecl Jor reuised package pices for surqical specialities, DoA Care procedures, Dialysis, Bone MarrotLt, Organ Transplantation, Robotic Surgery and utith unbunding of medical management procedures. The list of surgical procedures uLith package pices Jbr NABH Super Specialtg Hospitals i.s shaun at Annexure-lll The lists o/ medlcal management procedures u.tith pack:age pices for NABH Super Specialtg Hospitols are shoutn at Annextre-IV. The list of inuestigations uith Soo,t, hike on NIMS rates are shotun at Annexure V. Tht: lisl of inuesliqations not auailable in NIMS utith 25% discourted rates are shou.tn in Annexure VI-

7. Therefore, it appears that the petitioner is eligible only as per the package prices fixed by the Government of Telangana as shown in Annexure-Ill _and the petitioner was eligible for the sum of Rs.69,l7O/- only and the petitioner has been paid accordingly. As regards the sick leave, it is also noticed that the petitioner was paid a salary from Februar5z, 2015 to July, 2015 after adjusting the eligible leave and thereafter, he was not paid the salary 5 since he did not have any eligible leave. The petitioner has not been able to show any rule position which entitles the petitioner for salary for sick leave even when he did not have aly eligible leave to his credit B. In view of the same, this Court does not find any willful or deliberate Act of disobedience on the part of the respondents in complying with the directions of this Court Accordingly, the Contempt Case is closed. There shall be no order as to costs.

9. Miscellaneous petitions, if any pending, sha1l stald closed. I //TRUE COPY// SD/- K SAILESHI JOIN REGISTRAR SE N OFFICER 1 One CC to SRl. P. SRIDHAR RAO, Advocate [OPUC] 2 One CC to SRI.N. CHANDRA SEKHAR (SC FOR TSRTC ZONE 2) Advocate loPUCl

3. Two CD Copies To, HIGH COURT TMDJ DATED:2510212025 ORDER CC.No.332 ot 2023 l J 1*€ Srar€ 2 0 rirAY 2[?5 k l t q J o t Dg a*,ot' , ""or CLOSIN(i THE COi\1l,N4P f L'ASE Lt 7p