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Madras High CourtWP/3997/2013disposed of

M.Mala, v. The Secretary To Government

2021-07-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.3997 of 2013 M. Mala

...Petitioner

Versus

1. The Secretary to Government Finance (Salaries) Department Fort. St. George Chennai-600 009.

2. Chennai Meenakshi Multi Speciality Hospital Limited (Formerly known as Devaki Hospital) New No.72, Old No.148, Lus Church Road Mylapore, Chennai-600 004.

3. Mdindia Health Care Service Pvt. Ltd.

Third floor, 27, Lakshmi Towers Mylapore, Chennai-600 014. ...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to disburse the health insurance amount of Rupees three and half lakhs to the petitioner towards the medical expenses meet out by the petitioner based on the medical receipts. For Petitioner : Mr. V. Kasinatha Bharathi For R1 : Mr.Stalin Abimanyu Government Advocate For R2 and R3 : No appearance

ORDER

This writ petition has been filed praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to disburse the health insurance amount of Rs.3,50,000/- to the petitioner towards medical expenses meet by her based on the medical receipts.

2. According to the petitioner, she was working as a secondary grade teacher in Panchayat Union Middle School at Marudangaveli, Thiruvarur District. She has paid premium every month for availing the benefit of health insurance scheme. The 1st respondent issued G.O. intimating the New Health Insurance Scheme along with the list of approved hospitals in which the Devaki Hospital Limited is also shown as one of the referral hospitals under the scheme. It is claimed that the petitioner was admitted in the above hospital, took treatment as in-patient for more than 11 days during which she had underwent a surgery by spending a sum of Rs.3,50,000/-.

Thereafter, she approached the respondents 2 and 3 for reimbursing the medical expenses, but they neglected to disburse the amount stating that the said Devaki Hospital does not come under the new health insurance scheme. The petitioner has sent a representation dated 06.02.2013 to the respondents stating that in the Government Order issued in the year 2012, the said hospital also has been included, but the said representation was not yet disposed of. Hence, the petitioner has come out with this writ petition for the above said relief.

3.

Today, when the writ petition is taken up for consideration, the learned Government Advocate appearing for the first respondent fairly submitted that the respondent 1 and 2 would consider the representation of the petitioner and pass orders, on merits, within a reasonable time to be fixed by this Court. The above said submission has been fairly conceded by the learned counsel for the petitioner.

4.

In view of the above, there shall be a direction to the first respondent to consider the representation of the petitioner dated 06.02.2013 and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. 5.With the aforesaid direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kj/rsh

To The Secretary to Government Finance (Salaries) Department Fort. St. George Chennai-600 009.

+1 CC to The Government Pleader, Sr.No. 35585. WP No. 3997 of 2013 PCH(CO) LS(09/09/2021)