K.Saravanan v. The Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR K.Saravanan CISF No.014490264 Head Constable/GD ..
Petitioner v.
1. The Inspector General South Sector Head Quarters Central Industrial Security Force Chennai 600 009
2. The Deputy Inspector General Neyveli Lignite Corporation (NLC)
3. The Senior Commandant Central Industrial Security Force Madras High Court (MHC) I.S.Duty
4. The Commandant
VSTPP, Vindhyanagar Singrauli District, Madhya Pradesh 486 885
5. The Deputy Commandant/DDO Neyveli Lignite Corporation (NLC)
6. The Assistant Commandant/DDO VSTPP, Vindhyanagar Singrauli District Madhya Pradesh 486 885
7. The General Manager (S&FS) Neyveli Lignite Corporation (NLC India Limited) Block-1, Neyveli Cuddalore District 607 801
8. The Registrar General Madras High Court High Court Buildings ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the 5th respondent vide order dated 14.03.2003 in his Order No.E-18015/CISF/NLC(N)/NGF/ Medical/23/1835, 6th respondent vide order dated 28.03.2023 in his Order No.E-41014/VSTPP/NGF/Medical/2023-2199 and 7th respondent vide Order dated 06.03.2023 in his Order No.Lr.No.GM/S&FS/CISF Cell/Med. Claims/2023-126 and quash the same and direct the respondents to
reimburse the medical expenses of Rs.65,344/- (sixty five thousand three hundred forty four only) as per petitioner application dated 16.03.2022 together with interest to the petitioner.
For Petitioner ::
Mr.R.Thiyagarajan For Respondents ::
Mr.A.Prakash Addl. Central Government Standing Counsel for R1 to R6 Mr.Kishore Balasubramanian for R7 Mr.P.Kannan Kumar for R8
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed seeking to quash the impugned order passed by the fifth respondent dated 14.03.2023 and the orders passed by the respondents 6 & 7 dated 28.03.2023 and 06.03.2023 respectively, with a consequential direction to the respondents to reimburse the medical expenses of Rs.65,344/- to the petitioner, which was incurred by him while he was on official duty.
2. The petitioner herein joined the Central Industrial Security Force on 19.03.2001. The petitioner completed his basic training course in Rajasthan
and was promoted as Head Constable/GD in the year 2021 and served various CISF units throughout India. The petitioner served under the second respondent for the period between 01.01.2021 and 30.04.2022. While he was in service under the second respondent, he was directed to report before the third respondent at Madras High Court with a movement order dated 22.04.2021. When the petitioner was deputed at Chennai, it appears that he suffered a severe abdomen pain and he was immediately admitted for treatment. It is not in dispute that the petitioner had undergone a surgery and further procedure. It is also not in dispute that the petitioner had incurred a sum of Rs.65,344/- towards medical expenses.
When he submitted an application for medical reimbursement along with the medical bills and documents to the second respondent, it was forwarded to the seventh respondent. But the request of the petitioner was returned by the seventh respondent vide order dated 06.03.2023 on the ground that the petitioner was on IS duty at Madras High Court, Chennai and therefore his salary and other perks and allowances are not paid by M/s NLCIL as per Memorandum of Understanding.
respondent vide order dated 14.03.2023. Once again the sixth respondent passed the order dated 28.03.2023 citing the very same reason. Therefore, the petitioner is before this Court.
3. However, the learned Additional Central Government Standing Counsel appearing for the respondents 1 to 6 fairly conceded before this Court that the Central Government is liable and they have also filed a detailed counter affidavit.
4. Since the claim of the petitioner which has to be physically verified and approved by the respondents 1 to 6, have no dispute with regard to the genuineness of the claim, this Court is of the view that the respondents 1 to 6, who are responsible for getting the claim sanctioned through proper channel, have failed in this case by driving the petitioner to different authorities without a purpose. Therefore, the respondents 1 to 6 are directed to pay a sum of Rs.65,344/- to the petitioner within a period of four weeks from the date of receipt of a copy of this order and seek reimbursement from the Central Government in accordance with law. However, the prayer of the
petitioner to pay interest is rejected. The writ petition stands disposed of accordingly. Consequently, W.M.P.No.90 of 2024 is closed. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 14.06.2024 ss To
1. The Inspector General South Sector Head Quarters Central Industrial Security Force Chennai 600 009
2. The Deputy Inspector General Neyveli Lignite Corporation (NLC)
3. The Senior Commandant Central Industrial Security Force Madras High Court (MHC) I.S.Duty
4. The Commandant VSTPP, Vindhyanagar Singrauli District, Madhya Pradesh 486 885
5. The Deputy Commandant/DDO Neyveli Lignite Corporation (NLC)
6. The Assistant Commandant/DDO VSTPP, Vindhyanagar Singrauli District Madhya Pradesh 486 885
7. The General Manager (S&FS) Neyveli Lignite Corporation (NLC India Limited) Block-1, Neyveli Cuddalore District 607 801
8. The Registrar General Madras High Court High Court Buildings
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 14.06.2024