S.Chokkalingam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.4046 of 2020 S.Chookkalingam .. Petitioner - Vs -

1. The Government of Tamil Nadu, rep. by its Secretary, Finance (Pension) Department, Fort St. George, Chennai-600 009.

2. The District Collector, Erode, Erode District.

3. The United India Insurance Company Ltd., Rep. by the Managing Director, Erode Branch, Erode District.

4. The Sub Treasury Office, Bhavani, Erode District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to sanction and reimbursement the medical expenses Rs.4,75,000/- within a stipulated time as fixed by this Court. For Petitioner : Mr.V.Thirupathi For Respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 & R2

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to sanction and reimburse the Medical expenses incurred by the petitioner within a time stipulated by this Court.

2. The case of the petitioner is that he was working as a Secondary Grade Teacher and he retired from service in the year 2000. Thereafter, the petitioner was staying with his son at Bangalore. While so, the petitioner suffered a fall due to Transient iischemic attack and he was admitted at Apollo Hospitals at Bangalore. The petitioner was treated as an inpatient and he was ultimately, discharged on 23.11.2019.

The hospital raised a medical bill for a sum of Rs.4,75,000/- and the petitioner had also made the payment from his pocket.

3. The petitioner is a contributory to the New Health Scheme provided by the Government of Tamil Nadu and every month contribution is being deducted from his pension. Therefore, the petitioner had made a representation to the respondents to sanction and reimburse the Medical expenses incurred by him. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4. Heard Mr.V.Thirupathi, learned counsel appearing on behalf of the petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appearing on behalf of the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the third respondent to immediately process the representation made by the petitioner seeking for Medical reimbursement and the same shall be sanctioned, if the petitioner falls within the entitlement and it shall be forwarded to the fourth respondent to enable the fourth respondent to make the necessary payment to the petitioner. This process shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with a copy of the representation dated 11.12.2019 and also a copy of this order. A copy of this representation shall also be marked to the second and fourth respondents.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar KMI To

1. The Secretary, Government of Tamil Nadu, Finance (Pension) Department, Fort St. George, Chennai-600 009.

2. The District Collector, Erode, Erode District.

3. The Managing Director, United India Insurance Company Ltd., Erode Branch, Erode District.

4. The Sub Treasury Office, Bhavani, Erode District.

+1cc to Mr.V.Thirupathi, Advocate SR.No.16155 +1cc to Government Pleader SR.No.16243 WP.No.4046 of 2020 SVI(CO) GMY(23/03/2020)