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Tamil Nadu
SALEM: The Madras High Court has once again reiterated that the right to medical claim cannot be denied to either pensioners or government employees merely because the name of the hospital in which they underwent treatment has not been included in the accredited list of the hospitals found in the Government Order issued in this regard. Eye surgeryA retired headmaster of Adi Dravidar Welfare School in Cuddalore district, P. Pitchaimuthu, underwent phaco cataract surgery with IOL in his right eye, a specialised eye surgery, at Rishi Nethralaya Eye Hospital at Salem. He was told that no such specialised surgery was available at Cuddalore. Hence he underwent the surgery at Salem . After the surgery, the 70-year-old pensioner applied for medical reimbursement with the assistant treasury officer, sub-treasury at Chidambaram with supporting documents. The same was forwarded to the director of pension at Chennai who however rejected the claims saying that the hospital in which the pensioner underwent surgery had not been included in the Government list of accredited hospitals. The aggrieved retired head master filed a petition before the High Court on April 25, 2007, seeking justice. The judge Mr. Justice K. Venkataraman, before whom the petition came up recently, said the reason for rejecting the petitioner’s medical claims that the surgery was undertaken in a hospital, which was not found in the accredited list of the hospitals referred in the Government Order, was too technical. Accredited listReferring to the earlier case of E. Ramalingam vs The Director of Collegiate Education, wherein the court had held that the right to medical claim cannot be denied merely because the name of the hospital has not been included in the order, Justice Venkataraman, while disposing off the present petition, observed that though the hospital where an employee had taken treatment was not found in the accredited list, he was entitled for medical reimbursement. The court in the present case ordered the Director of Pension not to reject the claims of the retired headmaster on the ground that he took treatment at Rishi Nethralaya, Salem, which was not found in the accredited list of hospitals, and reimburse within four weeks the amount which the petitioner was entitled to.
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