Dr.G.Ravindran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP.Nos.22351 and 22354 of 2023 Dr.G.Ravindran ... Petitioner Vs.
1.The State of Tamil Nadu Rep. by its Additional Chief Secretary, O/o. The Additional Chief Secretary, Finance Department, Fort St. George, Chennai- 600 009.
2. The Commissioner of Treasuries & Accounts, O/o. The Commissioner of Treasuries & Accounts, Integrated Office, Buildings for the Finance Dept., Amma Complex, No.571, Anna Salai, Nandanam, Chennai- 600 035.
3. The Additional Treasury Officer, O/o. The Additional Treasury Officer, Chenglepet District Treasury, Chenglepet.
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4. The Joint Director, O/o. The Joint Director, Health & Welfare Services Office, Government Hospital Campus, Tambaram, (presently) Chrompet, Chennai-600 044.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the Impugned Proceedings in Oo.Mu.No.734/Ne/2022, dated 28.06.2022, of the 4th Respondent and quash the same and consequently direct the respondents to settle the medical reimbursement insurance claim of the petitioner and his wife, covered under health insurance scheme for pensioners subscribed with the 6th respondent.
For Petitioner : Mr.K.Bhuvaneshwar for M/s.MCGAN Law Firm For Respondents : Mr.V.P.R.Elamparithi (R1 to R5) Additional Government Pleader **** 2/8
O R D E R
This Writ Petition has been filed challenging the Proceedings of the 4th Respondent in Oo.Mu.No.734/Ne/2022, dated 28.06.2022 and consequently direct the respondents to settle the medical reimbursement insurance claim of the Petitioner and his wife, covered under health insurance scheme for pensioners subscribed with the 6th respondent.
2. A counter affidavit has been filed on behalf of the Respondents 1 to 5. Despite notice being served on the 6th Respondent Insurance Company and its name printed in the causelist, none appears on their behalf.
3. The Claim of the Petitioner herein is that he and his wife have taken treatment at M/s.Sugan Hospitals between 28.12.2021 to 03.01.2022, when they were affected by Covid -19 virus. According to the Petitioner, he incurred a sum of Rs1,24,780/-(Rupees One Lakh Twenty Four Thousand Seven Hundred and Eighty only) towards the medical expenses for the aforesaid treatment. However, the claim made 3/8
by him for re-imbursement was under consideration before the District Level Empowered Committee.
4. In the Counter Affidavit filed by the Government, it is stated that as per the G.O.Ms.No.280, Finance (Salaries) Department, dated 24.06.2020 passed under the New Health Insurance Scheme, employees and their eligible family members can avail cashless treatment for Covid19 positive care treatment and in respect of critical care Covid-19 treatment, United India Insurance Company Limited shall make payments to all Covid-19 positive cases that receive critical care as per the package rates for existing procedures covered under the New Health Insurance Scheme, subject to a ceiling of Rs.4 lakhs and in respect of Non-Critical Covid-19 care, the Government has fixed the ceiling rate for treatment cost of non-critical Covid-19 cases in empanelled hospitals. It is further stated that subsequently the Government has issued G.O.Ms.No.165, Finance (Health Insurance) Department, dated 01.06.2022 to reimburse the medical expenses incurred by the employees and pensioners for Covid-19 Non-Critical treatment taken in NonNetwork Hospital. It is further stated that since the Petitioner herein, 4/8
along with his wife has taken treatment for Covid-19 in Non-critical nature in Non-Network hospital, the documents submitted by him were already returned to the petitioner and based on G.O.Ms.No.165, Finance (Health Insurance) Department, dated 01.06.2022, the 2nd Respondent vide letter dated 20.09.2023 informed the Petitioner to resubmit all relevant medical documents in original to the office of the 2nd Respondent, so as to forward the same to United Insurance India Company Ltd. for settling the claim of the Petitioner.
5. From the counter affidavit, it is evident that the Petitioner's claim is under consideration by the Government. The Petitioner shall approach the 2nd Respondent with all necessary medical bills and other supporting documents regarding his medical reimbursement claim and on receipt of the same, the 2nd Respondent herein shall duly forward the proposal to the 6th Respondent for disbursement of the eligible amount to the petitioner towards medical re-imbursement . Such action shall be initiated within a period of two weeks from the date of petitioner's submission of the required documents to the 2nd Respondent. 5/8
With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 06.12.2023 Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No arr 6/8
To 1.The State of Tamil Nadu Rep. by its Additional Chief Secretary, O/o. The Additional Chief Secretary, Finance Department, Fort St. George, Chennai- 600 009.
2. The Commissioner of Treasuries & Accounts, O/o. The Commissioner of Treasuries & Accounts, Integrated Office, Buildings for the Finance Dept., Amma Complex, No.571, Anna Salai, Nandanam, Chennai- 600 035.
3. The Additional Treasury Officer, O/o. The Additional Treasury Officer, Chenglepet District Treasury, Chenglepet.
4. The Joint Director, O/o. The Joint Director, Health & Welfare Services Office, Government Hospital Campus, Tambaram, (presently) Chrompet, Chennai-600 044.
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M.S.RAMESH,J.
arr 06.12.2023 8/8