Parvathy.S v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Parvathy ... Petitioner Vs.
1.The State of Tamil Nadu Rep.by Additional Chief Secretary, Finance Department, St.George Fort, Chennai.
2.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai-600 035.
3.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.
... Respondents 1/6
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to settle the petitioner's claim under Covid New Health Insurance Scheme in terms of G.O.Ms.No.280 dated 24.06.2020 and on the basis of his representation dated 31.10.2022 within a time frame as fixed by this Court. For Petitioner : Mr.K.Suresh For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader for R1 and R2 Mr.A.Shajahan, Standing Counsel for R3
O R D E R
This writ petition has been filed for a direction to the respondents to settle the petitioner's claim under COVID New Health Insurance Scheme in terms of G.O.Ms.No.280 dated 24.06.2020 and on the basis of his representation dated 31.10.2022 within a time frame as fixed by this Court.
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2. The case of the petitioner is that the petitioner is working as Health Visitor in Karur Medical College and he was suffered with COVID-19. For recovery from COVID-19, he has incurred a sum of Rs. 4,00,000/- (Rupees Four Lakhs only). Hence, he has submitted all the documents in support of his treatment to the respondents 2 and 3. The 2nd respondent had also issued a letter to the 3rd respondent on 11.04.2022 to settle his claim. However, the 3rd respondent vide a communication dated 22.08.2022, informed that the maximum sum insured under NHIS 2016 Scheme is Rs.4,00,000/- and the same is exhausted. The third respondent has failed to look into G.O.Ms.No.280 dated 24.06.
2020 which clearly states that the employees are entitled to Covid-19 Management Charges in terms of the rate as specified in the Government Order and as per the Chief Minister Comprehensive Health Insurance Scheme in addition to the ceiling of Rs.4,00,000/-. Hence, he has sent a representation to the respondents on 31.10.2022. However, till date, the same was not considered. Hence, he has filed the present writ petition.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 31.10.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent have no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's representation, dated 31.10.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
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6. With the above direction, this Writ Petition is disposed of. No costs.
05.01.2023 ssb To 1.The State of Tamil Nadu Rep.by Additional Chief Secretary, Finance Department, St.George Fort, Chennai.
2.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai-600 035.
3.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.
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M.DHANDAPANI,J.
ssb 05.01.2023 6/6