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Madras High CourtWP/9525/2021disposed of

S.Venkateswaran v. The Government Of Tamil Nadu

2024-03-12Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Venkateswaran ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by its Principal Secretary to Government, Finance (Salaries) Department, Secretariat, Chennai 600 009.

2.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep by its Chairman cum Managing Director, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Mettur Electricity Distribution Circle, TANGEDCO, Mettur Dam - 636 401, Salem District.

4.The Joint Director of Health Services, Health and Family Welfare Department, Salem, Salem District.

5.United India Insurance Co.Ltd., Rep by its Divisional Manager, New Health Insurance Scheme - 2012, Divisional Office VI, No.212, Anna Salai, Chennai 600 006.

... Respondents Page No.1 of 6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 to 5 to reimburse the medical expenses incurred by the petitioner for his treatment for a sum of Rs.1,74,335/- along with interest within a time as may be stipulated by this Court.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.S.Arumugam, GA for R1 to R4 Mr.P.Sankaranarayan for R5

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 2 to 5 to reimburse the medical expenses incurred by the petitioner for his treatment for a sum of Rs.1,74,335/- along with interest within a time as may be stipulated by this Court.

2. Heard Mr.M.R.Jothimanian, learned counsel for the petitioner, Mr.S.Arumugam, learned Government Advocate for the respondents 1 to 4 and Mr.P.Sankaranarayan, learned Standing Counsel for R5.

3. The petitioner is working as a Maistry Grade I in Civil SubDivision of the third respondent and is a member of the New Health Page No.2 of 6

Insurance Scheme. He had taken treatment for his severe back pain and was admitted as an inpatient in Kovai Medical Centre Hospital. He had also undergone a surgery and was discharged from hospital on 11.02.2019. According to the petitioner, the total medical expenses incurred by him was to the tune of Rs.1,74,335/-.

4. When the petitioner applied for medical reimbursement under the New Health Insurance Scheme, which is a Government sponsored Insurance Scheme covering the Government Servants, the same was considered and recommended to the fourth respondent. The petitioner also appeared before the District Level Empowered Committee on 11.10.2019 and the same was forwarded to the fifth respondent for submitting proposal of his claim. But so far, no orders for sanctioning reimbursement has been passed. Hence the petitioner is before this Court.

5. The learned Government Advocate for the respondents 1 to 4 submitted that the claim of the petitioner was allowed to an extent of Rs.1,22,565/- as per the guidelines issued by the Government and the Page No.3 of 6

said amount has been credited in the account of the petitioner on 24.03.2021.

6. However, the learned counsel for the petitioner submitted that the petitioner is entitled to the remaining amount as well.

7. However, as per the submission of the learned Standing Counsel for the fifth respondent, the amount has been sanctioned in view of the recommendation given by the District Level Empowered Committee headed by the fourth respondent. If the petitioner is aggrieved due to such recommendation, he is entitled to prefer an appeal before the State Level Empowered Committee and seek his recourse.

8. In view of the above stated reasons, this Writ Petition is disposed. No costs.

Index : Yes /No 12.03.2024 Speaking / Non-speaking gsk Page No.4 of 6

To 1.The Principal Secretary to Government, Finance (Salaries) Department, Secretariat, Chennai 600 009.

2.The Chairman cum Managing Director, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Mettur Electricity Distribution Circle, TANGEDCO, Mettur Dam - 636 401, Salem District.

4.The Joint Director of Health Services, Health and Family Welfare Department, Salem, Salem District.

5.The Divisional Manager, United India Insurance Co.Ltd., New Health Insurance Scheme - 2012, Divisional Office VI, No.212, Anna Salai, Chennai 600 006.

Page No.5 of 6

R.N.MANJULA , J.

gsk 12.03.2024 Page No.6 of 6