P.Venkatachalam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18-07-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.24659 of 2016 P.Venkatachalam .. Petitioner Vs.

1.The Government of Tamilnadu represented by the Secretary to the Government Environment and Forest Department Fort St.George Chennai-600 009.

2.The Principal Chief Conservator of Forests Panagal Maligai Saidapet Chennai-600 015.

3.The Conservator of Forests Salem, Salem District.

.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the respondents to reimburse the medical claim of Rs.1,72,483/- submitted by the petitioner with due interest for the belated payment. For Petitioner :Mr.P.Mohanraj For Respondents :Mr.N.Inbanathan Standing Counsel

O R D E R

By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

2. The petitioner has filed the Writ Petition seeking to direct the respondents to reimburse the medical claim of Rs.1,72,483/- submitted by the petitioner, with due interest for the belated payment.

3. According to the petitioner, he was working as Forester, Shevaroys South Range, Salem Division, Salem-7. He underwent a heart surgery on 08.08.2013. He applied for reimbursement of Rs.1,72,483/- spent towards medical treatment as early as on

29.08.2013. However, no action was taken for reimbursement. The grievance of the petitioner is that he is on the verge of retirement and he is to retire on 30.09.2016 and that on account of the non-payment of the above said amount, he is put to great hardship, difficulty, mental agony and monetary loss. Hence, the Writ Petition has been filed.

4. Mr.N.Inbanathan, the learned Standing Counsel, who took notice on behalf of the respondents would contend that as per the reply of the 2nd respondent, dated 16.09.2014, papers are pending with the 3rd respondent and he is awaiting for appropriate orders from him.

5. Taking into consideration that the petitioner is on the verge of retirement and he is to retire from service on 30.09.2016, this Court, without going into the merits of the claim made by the petitioner, directs the 3rd respondent viz., The Conservator of Forests, Salem, to pass appropriate orders, for reimbursement towards the medical treatment to the petitioner, as eligible and in accordance with law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

6. This Writ Petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to the Government The Government of Tamilnadu Environment and Forest Department Fort St.George Chennai-600 009.

2.The Principal Chief Conservator of Forests Panagal Maligai Saidapet Chennai-600 015.

3.The Conservator of Forests Salem, Salem District.

+1 cc to P.Mohan Raj Advocate sr.40935 +1 cc to Government Pleader (forest) sr.40194 W.P.No.24659 of 2016 aa22/07/2016