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Madras High CourtWP/7916/2022disposed of

M.Shanthi v. The Chairman Of The District Level

2022-04-04Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.7916 of 2022 M.Shanthi

...Petitioner

vs.

1.The Chairman of the District Level Empowered Committee and the District Collector, Chennai District, Chennai - 600 001.

2.The Grievance Redressal Officer, Joint Director of Medical and Rural Health Services, DMS Compound, No.59, Anna Salai, Teynampet, Chennai - 600 006.

3.The Head Mistress, Chennai Girls Higher Secondary School, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 11.01.2022 for reimbursement of medical expenses of Rs.4,90,390/- incurred by the petitioner for her surgery and for treatment for the period from 28.11.2021 to 11.01.2022 under the New Health Insurance Scheme, 2021, in the light of the G.O.Ms.No.160, Finance (Salaries) Department, dated 29.06.2021.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents: Mr.M.Bindran Additional Government Pleader

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for issuance of a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 11.01.2022 for reimbursement of medical expenses of Rs.4,90,390/- incurred by the petitioner for her surgery and for treatment for the period from 28.11.2021 to 11.01.2022 under the New Health Insurance Scheme, 2021, in the light of the G.O.Ms.No.160, Finance (Salaries) Department, dated 29.06.2021.

3. The case of the petitioner in brief:

The petitioner herein is working as B.T.Assistant in the 3rd respondent's School and she availed New Health Insurance Scheme 2021 as per the G.O.Ms. No.160, Finance (Salaries) Department, dated 29.06.2021. On 28.11.2021, she was admitted in the Madras Medical Mission, Mogappair, Chennai - 37, in the critical care unit for Neuro issues and she had taken treatment in the said hospital from 28.11.2021 to 11.01.2022. The bill has been claimed by the hospital for a sum of Rs.17,40,390/- and the petitioner is entitled for a sum of Rs.4,90,390/- as reimbursement under the New Health Insurance Scheme. Therefore, she made an application to the 2nd respondent on 11.01.2022, to sanction the aforesaid amount, but, no order has been passed till date. Hence, the instant writ petition is filed before this Court.

4. The learned Additional Government Pleader submitted that the 2nd respondent is the competent authority to take appropriate decision for recommending the petitioner's request for reimbursement of the aforesaid medical bills as claimed in the application.

5. In view of the aforesaid submission, if any such application is pending, the 2nd respondent is directed to consider in accordance with law and forward the same to the 1st respondent for consideration, for sanctioning of the aforesaid medical bill amount, as claimed by the petitioner. In case, no such application is pending, the 2nd respondents shall also communicate the same to the petitioner. The said exercise should be completed within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar uma To 1.The Chairman of the District Level Empowered Committee and the District Collector, Chennai District, Chennai - 600 001.

2.The Joint Director of Medical and Rural Health Services, The Grievance Redressal Officer, DMS Compound, No.59, Anna Salai, Teynampet, Chennai - 600 006.

3.The Head Mistress, Chennai Girls Higher Secondary School, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.22487 +1cc to the Government Pleader, S.R.No.23043 W.P.No.7916 of 2022 PL(CO) SB(26/04/2022)