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Madras High CourtWP/3581/2018disposed of

N.Jayamani, v. The Principal Secretary And

2018-02-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.3581 of 2018 N.Jayamani

...Petitioner

Versus

1.The Principal Secretary and Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Director of Medical and Rural Health Services, DMS Complex, 361, Anna Salai, Chennai - 600 006.

3.The Regional Transport Officer, Namakkal (North), Namakkal.

4.The Regional Transport Officer, Gobichettipalayam, Erode District.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to disburse the medical reimbursement claim of Rs.89,706/-, with interest at the rate of 12% per annum from 01.06.2006 till the date of payment, by considering the petitioner's representations dated 01.06.2006, 12.12.2006, 27.2.2007 and 10.7.2013.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this writ petition is for a issuance of writ of mandamus, directing the respondents to disburse the medical reimbursement claim of Rs.89,706/-, with interest at the rate of 12% per annum from 01.06.2006 till the date of payment, by considering the petitioner's representations dated 01.06.2006, 12.12.2006, 27.2.2007 and 10.7.2013.

3. The case of the petitioner is that in the year 1994, she was appointed as a Junior Assistant in the District Munsif Court, Mettur and later in February 2001, she was appointed as a Junior Assistant in the Regional Transport Office at Karur, through Tamil Nadu Service Commission and during the course of employment, she had severe back pain and she took treatment in the Government hospital, Namakkal and Ganga Hospital, Coimbatore.

4. The petitioner would claim that she had spent Rs.86,706/- towards her treatment and the application of the petitioner for reimbursement was considered by the first respondent on 04.06.2009 and he passed an order stating that she is entitled for reimbursement of Rs.56,304/-, being the 75% of the assistance of the actual expenditure, as granted under TNGEHF Scheme. However, the amount was reduced to Rs.37,536/- by an order dated 7.12.2009.

5. The grievance of the petitioner is that she had retired from service on 30.4.2012, but, so far the medical expenses was not disbursed and no further order has been passed on the representations of the petitioner dated 01.06.2006, 12.12.2006, 27.2.2007 and 10.7.2013.

6. The learned counsel for the petitioner submitted that the petitioner is a widow and her husband was died in a road accident and she is suffering financially. So, if a direction is issued to the respondents to pass appropriate order on the representations of the petitioner dated 01.06.2006, 12.12.2006, 27.2.2007 and 10.7.2013, in the light of the orders of the first respondent dated 4.6.2009 and 7.12.2009, she would be satisfied.

7. In the light of the limited prayer sought for in this writ petition and submissions of the learned counsel for the petitioner, this Court directs the respondents to pass appropriate orders on the representation of the petitioner as

expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order, based on the order of the first respondent dated 04.6.2009 and 7.12.2009. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ms To 1.The Principal Secretary and Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Director of Medical and Rural Health Services, DMS Complex, 361, Anna Salai, Chennai - 600 006.

3.The Regional Transport Officer, Namakkal (North), Namakkal.

4.The Regional Transport Officer, Gobichettipalayam, Erode District.

+1cc to Mr.N.Manokaran , Advocate, S.R.No.12624 +1cc to the Government Pleader, S.R.No.13259 W.P.No.3581 of 2018 KK(CO) RRK(19/03/2018)