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Madras High CourtWP/23727/2025allowed

R.Kanchana Devi v. The Commissioner Of Treasuries And Accounts

2026-06-19Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR R.Kanchana Devi No.B-110,7th Street Periyar Nagar, Chennai 600 082 ..Petitioner Vs

1. The Commissioner Of Treasuries And Accounts, 571,Anna Salai, Nandanam,Chennai 600 035.

2. The Pension Pay Officer Pension Pay Office, Veterinary Hospital Campus, 571, Anna Salai, Nandanam, Chennai 600 035

3. The Divisional Manager United India Insurance Co Ltd, 134, Silingi Building (behind), Greams Road, Chennai 600 006

4. The Chief Manager, United India Insurance Co Ltd, 134, Silingi Building (behind) Greams Road, Chennai 600 006

5. The Registrar General, High Court Of Madras, Chennai - 600 104.

(R5 Suo Motu Impleaded Vide Order Dated 18.12.2025 Made In WP.23727/2025 By CJ&GAMJ) ..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamusfiled by the respondents to pay the sum of Rs.20,79,966/- on account of medical reimbursement under the Tamilnadu New Health Insurance Scheme on account of medical expenses of R.Sujatha,Retired Additional District Judge (PPO No.R0225416),within the time frame prescribed by this Court.

For Petitioner :

Mr.Sakthivel K For Respondent(s):

Dr.R.Gouri Government Counsel - for R1 to R3 Mr.J.Chelladurai Caldwell, - For R4 M/s.V.Balamurugan - For R5 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents to pay a sum of Rs.20,79,966/- towards medical reimbursement claim under the Tamil Nadu New Health Insurance Scheme. The petitioner is the sister of one Late R.Sujatha, who was working as Additional District Judge at Chengalpattu. She was a spinster and retired from service on 31.05.2016. The deceased judicial officer was a member of the New Health Insurance Scheme in the year 2018 and monthly subscription was paid by her. Therefore, she is entitled to claim medical reimbursement. After taking treatment, the judicial officer died and the petitioner being the legal heir, submitted an application seeking

medical reimbursement which was not considered. Thus, the present writ petition came to be instituted.

2. Learned counsel for the petitioner would submit that the medical reimbursement claim for the judicial officers must be more than that of the Government servants as per the recommendations of the Shetty Commission. Therefore, the case of the deceased judicial officer is to be considered on such terms.

3. Per contra, the learned counsel appearing on behalf of the insurance company / United India Insurance Company would submit that the petitioner is eligible to receive a sum of Rs.4,00,000/- towards medical reimbursement on production of relevant medical records.

4. Learned counsel appearing for the High Court would submit that medical reimbursement of the deceased judicial officer should be considered in terms of the Government Order.

5. Learned Government Counsel would also submit that the District Level Committee has been constituted under the scheme and the quantum of medical reimbursement has to be settled based on the medical records. The

competent authority has already forwarded the proposal to the Committee and the Committee, after scrutinising the proposal, will take a decision for reimbursement of medical claim.

6. The Pension Pay Officer, Chennai filed a counter affidavit stating that the Committee has recommended for medical reimbursement claim submitted by the petitioner. Relevant portions in paragraphs 6 and 8 of the counter is extracted hereunder:

"

6. Regarding the averments made by the petitioner in paragraph 5 of the affidavit it is submitted that the writ petitioner has made a claim duly enclosing all relevant medical documents towards the reimbursement of medical expenses incurred for her sister's treatment viz., Tmt.R.Sujatha to the Directorate of Health and Rural Service. The pensioner's claim was placed before the District Level Empowered Committee held on 22.09.2022 and the Committee had recommended the claim under Scenario I ie., approved treatment taken in Network Hospital. In this connection, it is submitted that based on the various judgments issued by this Hon'ble Court, the Government had issued guidelines informing how to deal with the reimbursement claim of the beneficiary. These guidelines prescribe 4 Scenarios. If it is Scenario-I, the United India Insurance Company has to pay the amount. If it is recommended under Scenario-II the

Government shall make the payment till 30.06.2018 and from 01.07.2018 the United India Insurance Company shall bear the amount. If the cases are recommended under Scenario III and IV the claim of the beneficiary shall be considered under the Tamil Nadu Medical Attendance Rules.

7..........

8. Regarding the averments made by the petitioner in paragraph 6 of the affidavit, it is submitted that as per the existing New Health Insurance Scheme 2022 for Pensioners (including Spouse) / Family Pensioners, the pensioners are eligible for Cashless / Reimbursement treatment as stated in Para 8 of G.O.Ms.No.222, Finance (Pension) Department, dated 30.06.2018...."

7. In view of the said factum, the fourth respondent / United India Insurance Company is directed to settle the medical reimbursement claim of the deceased employee in favour of the petitioner, who is the legal heir on production of all medical records within a period of eight weeks from the date of receipt of a copy of the order. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 19-06-2026 Index: Yes Speaking order KST

To

1. The Commissioner Of Treasuries And Accounts 571,Anna Salai,Nandanam, Chennai 600 035.

2. The Pension Pay Officer Pension Pay Office, Veterinary Hospital Campus, 571, Anna Salai, Nandanam, Chennai 600 035

3. The Divisional Manager United India Insurance Co Ltd, 134, Silingi Building (behind), Greams Road, Chennai 600 006

4. The Chief Manager, United India Insurance Co Ltd, 134, Silingi Building (behind) Greams Road, Chennai 600 006

5. The Registrar General, High Court Of Madras, Chennai - 600 104.

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

KST 19-06-2026