M.Sarojini v. The Govt. Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34929 of 2019 M.Sarojini ... Petitioner -Vs1. The Govt. of Tamil Nadu, Rep. by its Secretary to Government, Finance (Pension) Department, Secretariat, Fort St.George, Chennai 600 009.

2. The High Level Empowered Committee, Constituted under G.O.Ms.No.171, Finance (Pension) Dept., Secretariat, Fort St.George, Chennai 600 009.

3. The State Level Empowered Committee, Under New Health Scheme 2014 for pensioners, Rep. by Director of Medical and Rural Health Services, Chennai 600 006.

4. The District Level Empowered Committee, Rep. by at O/o.Joint Director of Medical and Rural Health Services, Coimbatore-12.

5. The United India Insurance Company, Rep. by its Divisional Manager, Whites Road, Chennai 600 014.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to dispose the Appeal proceedings dated 28.11.2018 on the file of the 2nd respondent.

For Petitioner :Mr.DJ.Adinarayanan For Respondents:Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for RR1 to 4

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the second respondent to dispose of the appeal that has been filed by the petitioner seeking for medical reimbursement.

2.It is seen from records that the petitioner was working as a Head Clerk in the District Court at Coimbatore and she went out of the service after obtaining Voluntary Retirement. According to the petitioner, she is entitled for medical reimbursement under the New Health Insurance Scheme 2014 designed for pensioners. The grievance of the petitioner is that she has spent a substantial amount towards the treatment of her husband and she claimed for reimbursement of the medical expenses and the same was rejected by the District Level Empowered Committee on 09.06.2016. As against the same, the petitioner has preferred an appeal before the second respondent on 28.11.2018. Since the appeal has not been considered till date, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.DJ.Adinaryanan, learned counsel for the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader appearing for respondents 1 to 4. 4.Taking into consideration the limited relief that has been sought for in this writ petition, there shall be a direction to the second respondent to dispose of the appeal that was preferred by the petitioner on 28.11.2018 and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the appeal and a copy of this order.

5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rm

To

1. The Secretary to Government, Government of Tamil Nadu, Finance (Pension) Department, Secretariat, Fort St.George, Chennai 600 009.

2. The High Level Empowered Committee, Constituted under G.O.Ms.No.171, Finance (Pension) Dept., Secretariat, Fort St.George, Chennai 600 009.

3. The Director of Medical and Rural Health Services, State Level Empowered Committee, Under New Health Scheme 2014 for pensioners, Chennai 600 006.

4. The District Level Empowered Committee, Rep. by at O/o.Joint Director of Medical and Rural Health Services, Coimbatore-12.

5. The Divisional Manager, United India Insurance Company, Divisional Manager, Whites Road, Chennai 600 014.

+1cc to Mr.DJ.Adinarayanan, Advocate, S.R.No.105409 +1cc to the Government Pleader, S.R.No.105805 W.P.No.34929 of 2019 AK(CO) CS/06/02/2020