Sanjeev Thakur v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Sanjeev Thakur ...
Petitioner -Vs1.The Principal Secretary To Government Finance Department, Fort St George, Secretariat, Chennai 600 009 2.The Additional Chief Secretary To Government Home Department Fort St. George, Secretariat, Chennai 600 009 3.The Commissioner Of Treasuries and Accounts 3rd Floor Perasiriyar K. Anbazhgan Maaligai No 571 Anna Salai, Nandanam Chennai 600 035 4.The Registrar General Madras High Court, Madras 600 104 5.The Director Of Medical Education Directorate Medical Education (DME) 162, EVR Periyar Salai, Kilpauk, Chennai 600 010 6.The Joint Director Director Of Medical And Rural Health Services, DMS ( Complex) Teynampet, Chennai 600 006 1 / 7
7. The District Collector Chennai.
8. The Treasury Officer Integrater Finance Building, 2nd Floor, Veterinary Hospital Complex Nandanam Chennai 600 035
9. The Divisional Manager United India Insurance Company Limited, PLA Ratna Tower, 5th Floor, Anna Salai Chennai 600 006.
...
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 8 to consider the representation of the petitioner dated 15.03.2024 and consequently direct the Respondents to sanction and reimburse medical expenses of Rs 5,31 383/- (Rupees Five Lakhs Thirty One Thousand Three Hundred and Eighty Three only) for the removal of dist femur (R) and Custom Mega Prosthetic Replacement Proximal Tibia (R)(Prathika / Titanium) treatment undergone by the petitioner at M.N Orthopaedic Hospital, Kilpauk, chennai along with 9 percent interest till the date of payment. For Petitioner :
Mr.R.Krishnamurthy For Respondents :
Mr.M.Venkateswaran Special Government Pleader-for R1 to R3 R7 and R8 Mrs.M.Sneha, Special Counsel for R5 & R6 Mr.Arjun Suresh - for R4 2 / 7
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a Writ of Mandamus directing the respondents 1 to 8 to consider the representation of the petitioner dated 15.03.2024 and consequently direct the Respondents to sanction and reimburse medical expenses of Rs 5,31 383/- (Rupees Five Lakhs Thirty One Thousand Three Hundred and Eighty Three only) for the removal of dist femur (R) and Custom Mega Prosthetic Replacement Proximal Tibia (R)(Prathika / Titanium) treatment undergone by the petitioner at M.N Orthopaedic Hospital, Kilpauk, Chennai along with 9 percent interest till the date of payment.
Mr.R.Krishnamurthy, learned counsel appearing for the petitioner would submit that though the petitioner is an employee of the Madras High Court, since he seeks for medical reimbursement under the Tamil Nadu Medical Attendant Rules, that has to be decided by the concerned administrative department of the State Government, where, in respect of the Courts since administrative department is the Home (Courts-V) Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-9, with whom the petitioner's request for medical reimbursement since has been forwarded by the communication of the Assistant 3 / 7
Registrar, Administration-I, High Court, Chennai dated 10.01.2024, the same may be directed to be considered and decided on merits and in accordance with law as per the earlier orders in number of cases by this Court, he contended. Heard Mr.Arjun Suresh learned counsel appearing for the Registrar General, High Court, Madras and Mr.M.Venkateswaran, learned Special Government Pleader appearing for the Secretary to the Government, Home Department and Mrs.M.Sneha, learned counsel appearing for Health and Family Welfare Department who would submit that such a request having been forwarded by the High Court of Madras through communication dated 10.01.2024 in R.O.C.No.80400/2020-Estt-I, that would be considered by the Additional Chief Secretary to the Government ie.
, the second respondent herein at the earliest point of time on merits and in accordance with law and accordingly a decision would be made and communicated to the petitioner within a time frame that may be stipulated by this Court. Having regard to the aforesaid facts and circumstances and having taken note of the said submissions made by the learned counsel for both sides, this writ petition is disposed of with a direction to the second respondent to consider the said request having been forwarded by the Assistant Registrar, Administration-I, High Court of Madras dated 10.01.2024 in R.O.C.No.
the medical reimbursement claim made by the petitioner, decide the same and communicate the decision to the petitioner within a period of two months from the date of receipt of a copy of this order.
With the above direction, this writ petition is disposed of. No costs.
(R.S.K.,J.) (C.S.N.,J.) 16.12.2024 Index : Yes/No Internet : Yes/No KST 5 / 7
To 1.The Principal Secretary To Government Finance Department, Fort St George, Secretariat, Chennai 600 009.
2.The Additional Chief Secretary To Government Home Department Fort St. George, Secretariat, Chennai 600 009.
3.The Commissioner Of Treasuries and Accounts 3rd Floor Perasiriyar K. Anbazhgan Maaligai No 571 Anna Salai, Nandanam Chennai 600 035.
4.The Registrar General Madras High Court, Madras 600 104 5.The Director Of Medical Education Directorate Medical Education (DME) 162, EVR Periyar Salai, Kilpauk, Chennai 600 010 6.The Joint Director Director Of Medical And Rural Health Services, DMS ( Complex) Teynampet, Chennai 600 006
7. The District Collector Chennai.
8. The Treasury Officer Integrater Finance Building, 2nd Floor, Veterinary Hospital Complex Nandanam Chennai 600 035
9. The Divisional Manager United India Insurance Company Limited, PLA Ratna Tower, 5th Floor, Anna Salai Chennai 600 006.
6 / 7
R.SURESH KUMAR, J.
and C.SARAVANAN , J.
KST 16.12.2024 7 / 7