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Madras High CourtWP/14674/2016disposed of

A. Swaminathan v. The District Collector

2016-04-21Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14674 of 2016 A.Swaminathan

...Petitioner

.Vs.

1.The District Collector, Collectorate of Coimbatore, Coimbatore-641 018.

2.The Joint Director of Health Service, Coimbatore 641 018 3.United India Insurance Co Ltd Divisional Office 010 600, V Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-600 002.

4.Sri Ramakrishna Hospital, 395, Sarojini Naidu Road, Sidhapudur, Coimbatore-641 044.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pay and make good to the petitioner the sum of Rs.1,49,562/- towards the medical expenses incurred by the petitioner for the treatment undergone by him with the 4th Respondent hospital at Coimbatore, as per his representation dated 30/10/2015 made to the respondents 1 and 2. For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.S.Gunasekaran Additional Government Pleader for R1 & R2

ORDER

Mr.A.Swaminathan, a retired State Government Pensioner, drawing pension with PPO C 160171/EDT, Indian Bank, Peelamedu, was having abdomen problem and diagnosed as Acutecalculus Chobeystitis. Although he has stated about the Pensioners

Insurance Scheme to the hospital, they have ignored his representation and charged with a bill for Rs.1,49,562/-, which has been settled out of his personal funds. As per Item No.39, Gall Bladder and Liver surgeries are permitted items of treatment and the surgeries has been notified in G.O.No.171, Finance (Pension) Department, dated 26.06.2014. Therefore, the operation underwent by the petitioner is a permitted item of surgery.

Subsequently, the petitioner has given a representation for disbursement of the said amount to the Hospital but, they ignored the representation of the petitioner. After receiving the Medical Bills dated 10.09.2015 for a sum of Rs.1,49,562/- issued by Ramakrishna Hospital, Coimbatore, he has given a representation dated 30.10.2015 to the Empowered Committee, who is the Authority to redress the grievances. But, the said representation has also not been considered. Therefore, this petition has been filed for early disposal of the representation of the petitioner.

2.Mr.S.Gunasekaran, learned Additional Government Pleader takes notice for the respondents 1 and 2 and sought for a reasonable time to consider the same.

Considering the fact that the petitioner is a pensioner and living on his pension, his representation deserves to be disposed of on priority basis. Accordingly, this Writ Petition is disposed of, with a direction to the respondents to consider the representation of the petitioner within a period of three weeks from the date of receipt of a copy of this order on merits and in accordance with law. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The District Collector, Collectorate of Coimbatore, Coimbatore-641 018.

2.The Joint Director of Health Service, Coimbatore 641 018.

3.United India Insurance Co Ltd, Divisional Office 010 600, V Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-600 002.

+1cc to Mr.S.Balasubramanian, Advocate Sr.24646 +1cc to the Government Pleader Sr.24975 W.P.No.14674 of 2016 ksj(CO) srg(19/05/2016)