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Madras High CourtWP(MD)/1070/2023disposed of

Selvamani.C v. The Secretary To Government

2023-01-20Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Selvamani ... Petitioner Vs.

1. The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.

2. The Divisional Manager, United India Insurance and Company Limited, PLA Rathina Towers, 5th Floor, 212, Anna Salai, Chennai - 600 006.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent, i.e., the Divisional Manager, United India Insurance Company Limited, Chennai to make payment of the eligible amount to the petitioner as per the recommendation of the District Committee as reported by the Treasury Officer, District, Treasury, Dindigul, in his Letter No.7084/2019/SI, dated 01.08.2019.

For Petitioner :

Mr.S.Visvalingam For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Mr.A.Shajahan for R2

O R D E R

This Writ Petition has been filed for a direction to the second respondent, i.e., the Divisional Manager, United India Insurance Company Limited, Chennai to make payment of the eligible amount to the petitioner as per the recommendation of the District Committee as reported by the Treasury Officer, District, Treasury, Dindigul, in his Letter No.7084/2019/SI, dated 01.08.2019.

2. The case of the petitioner is that the petitioner was worked as Village Administrative Officer, Thethupatti Village, Aravakurichi Taluk, Karur District and he retired from service on attaining the age of superannuation on 30.11.2009. The petitioner has been enrolled as a member of the New Health Insurance Scheme, 2018. As per the Government Order in G.O.(Ms)No.171, Finance (Pension) Department, dated 26.06.2014, a sum of Rs.150/- is deducted every month from his salary from May 2015 and presently, a sum of Rs.450/- is deducted every month towards

subscription for the said Scheme. While so, the petitioner's wife was suffering from Pulmonary Thromboembolism S/P Right TKR Onychomycosis Systemic Hypertension and she was admitted in the Hospital. The petitioner has spent a sum of Rs.96,155/- (Rupees Ninety Six Thousand and One Hundred and Fifty Five only) towards his wife's treatment. Hence, the District Committee has recommended payment of the expenditure incurred by him, vide letter dated 01.08.2019 of the Treasury Officer, District Treasury, Dindigul to the Divisional Manager, United India Insurance Company, Chennai, for making payment. However, till date, the same has not been considered by the United India Insurance Company, Chennai. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to consider the proposal dated 01.08.2019, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has 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 second respondent to consider the proposal dated 01.08.2019 and pass appropriate orders, on merits and in accordance with law, within a period of twelve 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.

20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.

2. The Divisional Manager, United India Insurance and Company Limited, PLA Rathina Towers, 5th Floor, 212, Anna Salai, Chennai - 600 006.

M.DHANDAPANI,J.

vji 20.01.2023