Sree Kumari v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sree Kumari ... Petitioner Vs.

1.The Secretary to Government, (Finance and Pension Department) Secretariat, Fort St. George, Chennai.

2.The United India Insurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Tower, No.212, Anna Salai, Chennai - 6.

3.District Level Committee, Rep. by District Collector, Nagercoil, 4.The District Treasury Officer, The District Treasury Office, Nagercoil, 1/6

5.The Sub-Treasury Officer, The Sub-Treasury Office, Vilavancode, ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse Rs.6,65,417/- spent by the petitioner for the treatment underwent by her husband within a stipulated time fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For RR1, 3 to 5 : Mr.S.P.Maharajan, Special Government Pleader For R-2 : Mr.A.Shajahan

O R D E R

This writ petition has been filed for a direction to the respondents to disburse Rs.6,65,417/- spent by the petitioner for the treatment underwent by her husband within a stipulated period.

2. The case of the petitioner is that she worked in Registration Department as a Sub-Registrar and she is a pensioner and retired from service and she is receiving pension regularly and the respondents are deducting substantial amount from her pension every month towards 2/6

Health Scheme. While being so, her husband fell ill and he was admitted at KIMS Hospital, Thiruvananthapuram. She spent Rs.5,76,875/- by arranging fund from various sources. Again, her husband was admitted in the hospital in the year 2022 and the petitioner spent Rs.88,542/- by arranging fund from various sources. Subsequently, the petitioner made an application for reimbursement before the fifth respondent enclosing all the bills and discharge summary on 09.12.2022. However, the same has not been considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

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 09.12.2022, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the official respondents, has no serious objection for such an order being passed by this Court.

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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 09.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Secretary to Government, (Finance and Pension Department) Secretariat, Fort St. George, Chennai.

2.The United India Insurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Tower, No.212, Anna Salai, Chennai - 6.

3.District Level Committee, Rep. by District Collector, Nagercoil, 4.The District Treasury Officer, The District Treasury Office, Nagercoil, 5.The Sub-Treasury Officer, The Sub-Treasury Office, Vilavancode, 5/6

M.DHANDAPANI, J.

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