V.Rajkumar v. The Principal Secretary / Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.14862 of 2020 V.Rajkumar ...
Petitioner /vs/
1. The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, III Floor, Nandanam, Chennai - 35.
2. The Director of Medical & Rural Health Services, DMS Compound, Teynampet, Chennai - 6.
3. The Joint Director, Rural Health Services, Government Headquarters Hospital, Krishnagiri.
4. The Treasury Officer, District Treasury, Krishnagiri.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to dispose the appeal of the petitioner dated 05.08.2019.
For Petitioner ... Mr.G.Bharadwaj For Respondents ... Mr.G.Ameedius Govt. Advocate for R1 to R4
ORDER
The petitioner has filed this writ petition seeking a writ of mandamus directing the second respondent to dispose his appeal dated 05.08.2019.
2. The petitioner had taken treatment in a non-accredited hospital and his medical reimbursement as per the New Health Insurance Scheme was denied for the reason that the hospital in which he had taken treatment is a non-network hospital. The petitioner had preferred an appeal before the second respondent stating that he had taken treatment for medical emergency due to heart ailment and hence he is entitled to get the benefit in view of the consecutive Government Orders given in this regard. Since the appeal before the second respondent is still pending without any further
orders, the petitioner filed this writ petition seeking writ of mandamus for early disposal of his appeal.
3. When the matter is taken up today, Mr.G.Ameedius, the learned Government Advocate, filed a status report stating that the appeal filed by the petitioner is under consideration and he was asked to produce certain relevant documents to the Insurance Company.
4. It appears that the petitioner had produced the documents to the second respondent office instead of producing it before the Insurance Company. In that case the second respondent can very well forwarded it to the Insurance Company or the petitioner can file those documents before the Insurance Company directly by sending request to the second respondent.
5. Whatever may be the case, it seems that the appeal of the petitioner is still pending with the second respondent for quite some time without disposal. Hence, the second respondent is directed to pass orders
on the appeal filed by the petitioner in accordance with law and the settled earlier judicial pronouncements made in this regard and also considering the Government Orders issued in respect of treatment taken by the beneficiaries in non-network hospital for emergency purposes, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed. No costs. 29.02.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1. The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, III Floor, Nandanam, Chennai - 35.
2. The Director of Medical & Rural Health Services, DMS Compound, Teynampet, Chennai - 6.
3. The Joint Director, Rural Health Services, Government Headquarters Hospital, Krishnagiri.
4. The Treasury Officer, District Treasury, Krishnagiri.
R.N.MANJULA ,J.
bkn 29.02.2024