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Madras High CourtWP/5106/2020disposed of accordingly

C.Ganesan (P.P.O.No. C193274/ Edp), v. The Director Of Pension,

2020-02-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.5106 of 2020 C.Ganesan Petitioner vs.

1. The Director of Pension, The Directorate of Pension, DMS Campus, 259 Anna Salai, Chennai - 600 006.

2. The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Complex for Finance Department, Veterinary Hospital Campus, Nandanam, Chennai - 600 035.

3. The District Treasury Officer, Salem, Salem District.

4. The Joint Director of Health Services, O/o the Joint Director of Health Services, Salem, Salem District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to directing the respondents to reimburse the medical expenses incurred by the petitioner for the treatments taken in the Hospitals considering the Medical Reports with interest as per orders of the Hon'ble High Court.

For Petitioner : Mr.V.Ravikumar For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to reimburse the medical expenses incurred by the petitioner.

2.The case of the petitioner is that he was working as Headmaster and he attained superannuation in the year 2008. The petitioner is contributing towards the New Health Insurance Scheme, 2014 and the contribution is deducted every month from his pension. According to the petitioner, he was admitted in the hospital and he underwent treatment and as a result of the same, he had incurred medical expenses to the tune of Rs.2,45,586/- This amount was also settled by the petitioner from his pocket. Thereafter, the petitioner made a representation to the 2nd respondent seeking for refund of the amount. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd and 4th respondents to consider the representation made by the petitioner on 23.12.2019 and immediately process the claim made by the petitioner and pass appropriate orders and release the medical reimbursement to the extent to which the petitioner is eligible, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd and 4th respondents along with a copy of the representation dated 23.12.2019 and a copy of this order.

5.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar ssr To

1. The Director of Pension, The Directorate of Pension, DMS Campus, 259 Anna Salai, Chennai - 600 006.

2. The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Complex for Finance Department, Veterinary Hospital Campus, Nandanam, Chennai - 600 035.

3. The District Treasury Officer, Salem, Salem District.

4. The Joint Director of Health Services, O/o the Joint Director of Health Services, Salem, Salem District.

+1cc to Mr.V.Ravikkumar, Advocate, S.R.No.17522 +1cc to the Government Pleader, S.R.No.18243 W.P No.5106 of 2020 PVS(CO) CS(29/05/2020)