M.Issaivanan v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM W.P.No.631 of 2016 M.Issaivanan ... Petitioner Vs 1 Union of India Rep. by Government of Puducherry Chief Secretariat Puducherry-605 001.

2 Government of Puducherry Rep. by its Secretary Educational Department 3 The Director Directorate of Health and Family Welfare Service 4 The Principal Pondicherry Engineering College (P.E.C) Kalapet Puducherry-605 014.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd & 4th respondents to act on the petitioner representations dated 4.6.2015 and 1.12.2015 within a stipulated period and reimburse the Medical Claim. For Petitioner : Mr.D.Sreenivasan For Respondents : Mr.A.Tamilvanan, GA [Pondy]

O R D E R

With the consent of both sides, this writ petition is taken up for final disposal.

2. The case of the petitioner is that originally, he was appointed as Helper on NMR basis on 01.01.1984 by the 4th respondent College.

Subsequently, he was promoted as Assistant. He undergone LEFT URS LITHOTRIPSY for "Left Lower Uretric Calculus" at Krishna Nursing Home, Puducherry, during July 2006. For which, the 3rd respondent sanctioned medical reimbursement through the 2nd respondent on 09.05.2008.

3. The grievance of the petitioner is that during the month of November 2013, he suffered severe stomach pain and immediately, he was admitted in the nearby hospital for treatment. The representation given by the petitioner for reimbursement was rejected by the 4th respondent, on the ground that he had taken treatment without No Objection Certificate. Thereafter, the petitioner sent a representation to the 3rd respondent on 04.06.2015 seeking his intervention to reimburse the medical bills. Since, no orders was passed on the representation submitted by the petitioner, this writ petition has been filed.

4. This Court heard the submissions of Mr.A.Tamilvanan, learned Government Advocate [Puducherry] who accepts notice for the respondents and perused the records.

5. In the light of the above facts and circumstances, this Court directs the 4th respondent to consider the representation of the petitioner on merits and pass appropriate orders in accordance with law within a period of eight weeks, from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs.

sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar gya To 1 Union of India Chief Secretariat Puducherry-605 001.

2 The Secretary Educational Department

3 The Director Directorate of Health and Family Welfare Service 4 The Principal Pondicherry Engineering College (P.E.C) Kalapet Puducherry-605 014.

+1 CC to MR.B.D.Sreenivasan Advocate. SR.NO.1818 +1 CC to Govt.Pleader. SR.NO. 1991 W.P.No.631 of 2016 CO-SK JD 01/02/2016