The High Court · 2025

Petition Urcler Iiection 15'l cPC praying that in the circumstarrces stated in the affidavit filed in support of the petition, the High Court mav be pleased to direct the responderts Io the release medical reimbursement clairr lo the tune of Rs.3,78.667/- by con:;rdering petitioner's case in terms of G'rf Rt No 3401 Dl.23lO7l2O12 afrestr kry suspending the operation of memo of the 3rd respondent dated 26t0212022 r'icle no.5O7BtA1t2018 pending disposal of thi) above writ petition. Counsel for the Petitioner : SRI ALLIKA SURESH Counsel for the Respondents : GP FOR SERVICES- lll The Court made the following ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITI ON No.31819 of 2O22 ORDER: Heard Sri Allika Suresh, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-Ill, appearing on behalf of respondent Nos. 1 to 4.

2. The etitioner aooroached this Court seekino the praYer as under: "...to issue a writ, order, or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 3'd respondent dated 26-02-2022 vide Memo No.5078/4112018 in rejecting petitioner's representation for payment of medical reimbursement claim to the tune of Rs.3,78,667/- based on memo of 2nd respondent dt.l6'O2-2o22 vide No.3662lAH(1)/2018 without assigning any reasons and Without following the procedure as laid down under G.O.Rt.No.3401 General Administration (GPM and AR) Dept. dated 23-07-2012 as highly illegal, arbitrary, un-constitutional, contrary to law and in violation of Articles 74, 2l of the Constitution of India and consequently set aside the same and direct the respondents to release the said medical relmbursement claim by considering petitioner's case in terms of G.O.Rt.No.340 t Dt.23/07 /2O12 and pass..."' 2 SN. J ,r'l'll8l9 2022

3. The case ol the petitioner, in brief, is that the petitloner's late husband t) - Suresh Bakshi worked in the V lt( rinary Department arrd superannuated on 31'10'1999 as \s';istant Director,Veterni:-yPolyClinic,Adilabad'Thepetitioner'slate husbandwa'stte,:tedinM./s.AwareGlobalHospital,Hvdr:rabad for Myelome Pn::\/topenia (blood cancer disease) anrl incurred medical expenscrs to a tune of Rs'7,61,009/- ancl died on 24.0g.2017 During the lifetime oF the petitioner's late ru;band' he filed an a[)pr ication before the respondents requ']sl ing to reimburse the ,:rrnount of Rs.7,61,009/- and the Di'e(:tor of MedicalEdr'lcatirlnissuedordersforadmissiblearrorlntof Rs.5,78,661 i-. Out of the said amount, Rs'2,00,00C/- is the ceiling lim t u nder medical reimbursement schr3rne ' The petitioner surbrn tted a representation dated 26 09 20 'B to the 4th respondent .equesting to reimburse the balance adrrissible amount of lls.1,78,667/- on humanitarian grounds, horve'rer the same was nol considered. The petitioner made ilnother representationr:lated23.l2.2o|gresUbmittingbilIsolrnedical expenses and tre 3'd respondent issued the impugn:d memo dated 26.02.)-o,,.2 rejecting the reimbursement of .ralance , SN, J wP I 1819 2022 admissible amount. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition' PERU ED THE RE CORD. Respondent No.3 issued proceedings vide Memo 4. No.5O78lA1 l2OL8, dated 26.O2.2022 to the respondent No.4 informing that the request of the petitioner for payment of medical reimbursement claim of her late husband for the treatment during the period from L2.O6.2OL7 to 3O.O6.2O17 at Global Hospital, Hyderabad, in relaxation of rules had been rejected. The impugned Memo dated 26.02,2022 of the 3'd respondent is extracted hereu nder: "Attention is invited to the reference 3'd cited, Government in Husbandry Dairy Development & Flsheries (AH-I) Department, Government of Telangana, Hyderabad, has informed that the request of Smt. Vibhavathi Bakshi for payment of medical reimbursement claim in respect of Late Dr. D. Suresh Bakshi, Assistant Director (AH), Veterinary Poly Clinic, O/o DV & AHO, Adilabad District towards treatment for her "H usband" for MYEL OMA "M ULTIPL d u rino the PANCYTOPEN IA SEV ERE ANE MIA'" Defl od from L2.06.2 o17 to 3 0.06.2017 at GIobal atton of rules ls not Hos ital Hvde ra bad in rel a 1 4 SN. .I \\ P 8l9 2012 e consi deration. Hence the pro o fqasrb_l herelly- re ected".

5. Chir:f Secr f Gov rnmen of Andhra Pra desh had issuetlG .Rt.N .34 1 D ted 23. 7.20L2 AdminiStratt_i n M&AR ar icu I r o l' General lau e extracted l1g re u n der: "5. -fo D rgin with, the following categories of pror)osals may Standing Committee fr,r their br: -eferred to the re c r rnmendations: i) Re la (a on of pro n- ttions; ii) Re a)l,itton of appo lt m en ts; Minimum Service/eualifica:io.ts for Eligibility criteria for cornl)a:jsionate iia) ._Bcl_a. x tio n for e lct m iv) Flela>:,,.tion of Rules in respect of Inter District/Inter Zonal T.,t r;fers.,,

6. The recommendation in favour of the petitiorner vide Lr.Roc.No.784/B/ZOLB, Dt. O2.OL.2O2O of the 4th respondent addressed to the respondent No.3 is extracted hereu nd er: "I ;:rr 1e rewith submitting the Revised Medic:rl Re_ imburs;errerrrl bill in respect of Smt. Vibhavathi Baksh, !,//o. Late )r. Si_resh Bakshi, Retired Assistant Directcr (AH) Veterinar-) F,oty Clinic, Adilabad, Resident of Ac ila:ad towards itr lergone treatment for "MULTIpLE Myt:LOMA 7 5 SN. J wP .lt8t9 2022 PANCYTOPENIA SEVERE ANEMIA" DisEAsC At GLOBAL HOSPITAL. HYDERABAD w.E.F. t2.06.2017 to 30.06.2017. She has incurred expenditure for an amount of Rs.-1 ,61,0O9/- (Rupees Seven Lakhs Sixty one Thousands and nine only) out of which Rs.2,00,000/- (rupees Two Lakh only) has been approved by the Director of Medical Education, Telangana State, Hyderabad vide reference 5'h cited (Original copy enclosed) and necessary sanction orders has already been issued by the Director of Veterinary & Animal Husbandry, TS Hyderabad vide reference 6th cited, (Copy enclosed for kind perusal). On the above Smt. Vibhavathi Bakshi, Wo. Late Dr. Suresh Bakshi, R/o. Adilabad is requesting vide 9th cited has submitted for claim bill is genuine. Further she submitted that is facing so much financial crunch towards medical expenses which is hard of financial crunch for and she suffering from last (9) months with Breast Cancer and taking treatment at Omega Hospital, Banjara Hills, Hyderabad. The Assistant Director (V& AH), District Veterinary Hospital, Adilabad is personal visted to her home copy enclosed. Therefore, I request the Director of Veterinary & Animal Husbandry, Telangana State, Hyderabad to take into consideration of her request and forward the Medical Re- imbursement proposals to the Government of Telangana for sanction of remaining Medical Re-lmbursement amount of Rs.3,78,667/- in relaxation of under IMA Rules 1972". DISCUSSI ON AND CONCLUSION:- I 6

7. SN. J \\ P l8t9 2022 Tl- e l:i; rned counsel appearing on behalf of the petitioner submits tha t :re petitioner herein made a request f,or p,ayrnsnl 61. medical reirnt,ursement claim in respect of her l:tr, husband Dr. Surersh Elakshi, Retired Assistant Director (AH, ,,/eterinary Poly Cliric., 1d labad towards treatment for peti:io.rer,s late husband for "[4ULTIpLE MyELOMA pANCYTOpENIA SEVERE ANEMIA' at (:; obal Hospital, Hyderabad, in relaxation of rules, however ther ; r'oposar is rejected and the same rs not cr.rnsidered. The learneri r;ounsel further submits that therr: is a clear the petiti tnr:r , vide recomm en dit ticrn in favour of Lr.Roc.Ncr.7fl,qtB/2018, Dt. O2-Ol_2020 of the respon(:ent No.4 addressed to the respondent No.3 requesting the Director, Veterinar,l & Animal Husbandry Department, Hyderabad, Telangan,,r I;t,t.e to take into consideration the pctitioner,s request Ond iorward the tvledical Re-imbursement pro:osals tO the Governnrer rt for further sanction of remaining 14eJicar Re- imbursement ,, rnount on humanitarian grounds in r€,la(ation of rules under -tir€r Andhra pradesh Integrated Medicar atl endance Rules,, 19,;'.2

8. The le arned counsel further submits tha . as per G,O.Rt.No,.l43 J, General Administration (GpM & AR) Dept, dated 'ii::..r;., , I 7 wp irsre;;uii 23.07 .20L2 there is a prescribed procedure for relaxation of rules pertaining to medical reimbursement and there is a specific procedure where under a Standing Committee needs to be constituted to examine the case whenever a request is made For relaxation of medical claims. In the present case, admittedly as borne on record, the case of the petitioner had not been referred to Standing Committee as per the G.O.Rt.N o.34OI, General Administration (GpM & AR) Dept, dated 23.07.2012, and therefore. the case oF the petitioner needs to be referred to the Standing Committee for consideration of petitioner,s request for medical reimbursement in respect of petitioner.s late husband Dr. Suresh Bakshi, Retired Assistant Director, (AH) Veterinary Poly Clinic, Adilabad.

9. The learned Assistant Government pleader for Services, appearing on beharf of respondents fairry submits that the impugned proceedings dated 26.02.2022 of the 3.d respondent is not a reasoned order and admittedly as borne on record, the case of the petitioner had not been referred to the Standing Committee as stipulated under G.O.Rt.No.34O1, General Administration (GpM & AR) Dept, dated 23.07.2012 and 8 SN, J wP li8t9 2022 thereforr:, th,:r matter needs to be reconsidered as pr16 aw by the 3'd respc,nd:r t

10. fEkirrg. into co n sid eration (a ) The aforesaid facts and circumstances of the case, (b.) 'lhe submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant (iovernment pleader for Services, ap;rearipg on behalf of rr:spondents, (c) 3lause (iii) of para No.S of the G.O.Rrt.No.34O1, General tr,dministration (cpM & AR) Dept, dated 23.O7.2AL2 ,'referred to and extracted above), (d) -lhe clear recommendation in favour of the petitioner vide Lr./No.7A4/B/2OL8, dated O2.01.2O20 of the resporrdent No.4 addressed to respondent No.3, which clearly, indicated that the request of the pe:titioner is genuine irnd further the case of the petitioner had been recommended to the 3'd respondent herein for consideration of petitioner,s request for forwarding the medical reinlbursement proposals to the Government of Telangana for sanction of remaining Medical Re_ 9 SN. J wP 3 18 t9 2022 imbursement amount of Rs'3,78,667/- in relaxation of under IMA Rules, 1972. (e) The fact that the impugned proceedings dated

26.02.2022 of the 3'd respondent is without following the mandatory procedure as stipulated G.O.Rt.No.34O1, General Administration (GPM & AR) Dept, dated 23.07.2OL2, (f) The fact as borne on record that the impugned proceedings of the 3'd respondent, dated 26.02.2022 yide Memo No.5O78lA1 /2OLA is without assigning any \ I reasons. The writ petition is allowed. The impugned proceedings vide Memo No' 5078/ ALl2Ol8, dated 26.02.2022 of the 3'd respondent is set aside and the matter is remitted to the 3'd respondent herein to follow the due procedure as stipulated under G.O'Rt'No'3401, General Administration (GPM & AR) Dept, dated 23.O7.2OL2 at para 5, clause (iii) (referred to and extracted above) and refer the petitioner's case to the Standing Committee for examining the request of the petitioner for relaxation of medical claim, in accordance l0 SN. J uP I r8l9 2022 to law, within a period of four (4) weeks from the date of receipt of this order and pass appropriate orders pertaining to the request of the petitioner seeking to reimburse the balance admissible amount of Rs,3,79,667 on humar itarian grounds and pass appropriate orders and duly <:onrmunicate the decision on the subjr::ct issue to the petitioner. There shall be no order as to costs. As ;i sequel, the miscellaneous p 3tit:ions, if any pendincl, n the Writ Petition shall also stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ASSIS]'ANT REGISTRAR II r. SEC:TION OFF6ER I s Deoartmenl, r;"t'"t'liJt'"si# ot i"!;sry ^'lHvderabac to ,l. ,n" Prirciprl Secretary to Government' Veterinarv and An mirl Husbandry z in6 specia c nier secieta=rv"io in" Go'6'nm"I.e[fl,[t'li?;3[lJ3lt t ' o""r"r5pr"nt and Fisheried (nn-t I DgPartment o -rL.^ f\;.a^r., veterr#ri a"n"d'nni.'rli[,ruundry, Directorate t f Animal ' i',]"#Jlfi sh;;ii;;;;'' Masab rank' Hvderabad 4 rhe District v.t"''n'Hini'i'"i"'r' ii'"dlndry officer Adiratad District' , ?*:-3Ti'tllYPAt Hvderabad [')UTl o ij'."""c?;i; dirlir-rxn suRESH' Advocate [oPUc] 7. Two CD CoP'es -*t, High court ror the stat( or relansana at 'ERVT.ES SA BS l'r+- C .C. TODAY Y\( E S ]'4 -6- fltl ' r2125 '.).., ''\ .. .,, ,:. P ./ HIGH COURT DATED:2810:112025 ( q -)o o ORDER WP.No.S1819 of 2022 ALLOWING THE W.P WITHOUT C;OSTS. ?*- 9,) 1" b