S.Chitra v. Deputy Director Of Pension,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Chitra ... Petitioner Vs

1. The Deputy Director of Pension, O/o.Directorate Pension Officer, 259, Anna Salai, 3rd block, 2nd Floor, DMS Complex, Teynampet, Chennai - 600 006.

2. The Treasury Officer, District Treasury, Kanchipuram - 635 502.

... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to pay the sum of Rs.6,87,437/- to petitioner with 9% interest as per the communication of the second respondent dated 12.07.2016 within the time fixed by this Court.

For Petitioner : Ms.K.S.Kamakshi For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader

ORDER

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This Writ Petition has been filed to direct the first respondent to pay the sum of Rs.6,87,437/- to petitioner with 9% interest as per the communication of the second respondent dated 12.07.2016 within the time fixed by this Court.

2. The case of the writ petitioner is that her husband was employed in Agricultural Department as Supervisor [Special Grade] and he retired from service on 30.04.2009 on attaining the age of superannuation. It is the grievance of the petitioner is that after retirement of her husband, he was admitted in Ramachandra Hospital and took treatment for kidney ailment and he died on 26.03.2013 and he spent a sum of Rs.6,87,437/- towards medical expenses in the said hospital. In this regard, the petitioner had sent a representation to the second respondent for refund of the entire medical expenses. However, her claim has not been considered till date. Hence, the present Writ Petition has been filed.

3. The learned Additional Government Pleader appearing for the 2/5

respondent submitted that if the the petitioner gives fresh representation, the same will be considered by the second respondent.

4. Considering the limited relief sought in this Writ Petition and the submissions of the learned Additional Government Pleader, the petitioner is directed to give a fresh representation to the respondent within a period of 15 days from the date of receipt of a copy of this Order and on such representation being made, the second respondent shall consider and pass Orders within a period of two months thereafter. If the petitioner is entitled for reimbursement as per rules, the same shall be paid along with interest at the rate of 4% p.a.

4. With the above direction, this Writ Petition is disposed of. No costs.

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1. The Deputy Director of Pension, O/o.Directorate Pension Officer, 259, Anna Salai, 3rd block, 2nd Floor, DMS Complex, Teynampet, Chennai - 600 006.

2. The Treasury Officer, District Treasury, Kanchipuram - 635 502.

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N.SATHISH KUMAR, J.

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