P.Muthulakshmi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Muthulakshmi ... Petitioner Vs 1.The Commissioner, Treasury and Accounts Department, 3rd Floor, Amma Complex, Veterinary Hospital Complex, 571, Anna Salai, Nandanam, Chennai - 600 035.
2.The District Collector, Thirupur District, Thirupur.
3.The District Treasury Officer, Thirupur.
4.Joint Director, Health and Rural Service, Government Hospital Complex, Dharapuram Road, Thirupur.
5.The Assistant Treasury Office, Sub Treasury, Dharapuram ... Respondents 1/7
Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to reimburse medical claim request dated 24.12.2020 within time framed manner. For Petitioner ...
Mr.K.Sudhakar For Respondents 1, 3 & 5...
Mr.V.Ravi, Special Government Pleader, For Respondent 2 ...
Mr.N.Naveen Kumar, Government Advocate For Respondent 4 ...
Mr.L.S.M.Hasan Fizal, Additional Government Pleader
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the respondents to reimburse the medical expenses incurred for her medical treatment due to Covid-19.
2. Mr.V.Ravi, learned Special Government Pleader accepts notice on behalf of the respondents 1, 3 & 5, Mr.N.Naveen Kumar, learned Government Advocate accepts notice on behalf of the second respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts 2/7
notice on behalf of the fourth respondent.
3. According to the petitioner, she has been receiving family pension on account of the death of her husband R.Palanisamy who was retired from service on 31.10.2008. According to her, she was infected with Covid-19 in the year 2020. According to her, as per Chief Minister Health Insurance Scheme, she is entitled for reimbursement of medical expenses incurred by her for taking the said medical treatment. According to the petitioner, she has incurred a sum of Rs.1,80,504/- towards medical treatment and the same was paid by cash to Coimbatore NG Hospital, Coimbatore. The petitioner has sent representations to the respondents requesting them to reimburse the aforesaid sum incurred by her for her medical treatment. Since the representations have not been considered till date, she has filed this writ petition.
4. Heard Mr.K.Sudhakar, learned counsel for the petitioner, Mr.V.Ravi, learned Special Government Pleader appearing for the respondents 1, 3 & 5, Mr.N.Naveen Kumar, learned Government Advocate 3/7
appearing for the second respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for the fourth respondent. Since the representations given by the petitioner are old, the petitioner will have to give a fresh representation.
5. No prejudice would be caused to the respondents, if the petitioner's representation seeking for reimbursement of the sum incurred by her for medical treatment on account of being infected with Covid-19 is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the petitioner to give a fresh representation to the first respondent requesting for reimbursement of a sum of Rs.1,80,504/- alleged to have been incurred by her on account of Covid-19 treatment within a period of one week from the date of receipt of a copy of this Order. On receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law within a period 4/7
of eight weeks thereafter.
7. With the aforesaid directions, this writ petition is disposed of. No costs.
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To 1.The Commissioner, Treasury and Accounts Department, 3rd Floor, Amma Complex, Veterinary Hospital Complex, 571, Anna Salai, Nandanam, Chennai - 600 035.
2.The District Collector, Thirupur District, Thirupur.
3.The District Treasury Officer, Thirupur.
4.Joint Director, Health and Rural Service, Government Hospital Complex, Dharapuram Road, Thirupur.
5.The Assistant Treasury Office, Sub Treasury, Dharapuram 6/7
ABDUL QUDDHOSE, J.
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