Rajapandi .R v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Rajapandi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of Finance(Pension), Fort St. George, Chennai - 600 009.

2.State Level Empowered Committee, Rep. by Commissioner of Treasuries and Accounts, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.

3.District Level Empowered Committee, Rep. by District Collector, Thoothukudi, Thoothukudi District.

4.The Joint Director of Medical and Rural Health Services, 166, North Kadarkarai Salai, Thoothukudi - 628 001.

5.The District Treasury Officer, 329, Sivandha Kulam Road, Near Kamaraj College, Thoothukudi - 628 003.

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6.The Sub-Treasury Officer, Tiruchendur, Thoothukudi District.

7.The Divisional Manager, United India Insurance Company Ltd., Divisional Office, PLA Rathna Towers, 5th Floor, Anna Salai, Chennai - 600 006. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to disburse forthwith a sum of Rs.2,80,000/- (Rupees Two Lakhs Eighty Thousand Only) along with appropriate interest to the petitioner towards the medical expenses incurred towards treatment of 'Acute Calculous Cholecystits ERCP with Biliarey Diabetes Mellitu' by considering the petitioner's application dated 13.04.2022.

For Petitioner : Mr.A.Ajith Geethan For R-1 to R-6 : Mr.S.P.Maharajan, Special Government Pleader For R-7 : Mr.C.Karthik

O R D E R

This writ petition has been filed for a direction to the respondents herein to disburse forthwith a sum of Rs.2,80,000/- (Rupees Two Lakhs 2/6

Eighty Thousand Only) along with appropriate interest to the petitioner towards the medical expenses incurred by him for the treatment of 'Acute Calculous Cholecystits ERCP with Biliarey Diabetes Mellitu' by considering the petitioner's application, dated 13.04.2022.

2. The case of the petitioner is that he retired from service as a Headmaster of Higher Secondary School. He underwent Laparoscopic Cholecystectomy surgery for the diagnosis of 'Acute Calculous Cholecystits ERCP with Biliarey Diabetes Mellitu' in Apollo Hospital, Madurai from 21.02.2022 to 28.02.2022 and spent a sum of Rs.2,80,000/- as medical expenses. For reimbursement of the said amount, the petitioner has made an application before the respondents 5 and 6 to rectify the expenditure mentioned in the Sub-Treasury Officer, Tiruchendur, Thoothukudi District/sixth respondent's letter, dated 19.04.2022 and to take steps to disburse the medical reimbursement amount at the earliest. However, no order was passed till date. Hence, the petitioner has filed this writ petition with the aforesaid prayer. 3/6

3. The learned Special Government Pleader appearing for the respondents 1 to 6, would submit that the third had already forwarded the claim of the petitioner to the seventh respondent, vide proceedings dated 26.10.2022 and therefore, the seventh respondent has to consider the said recommendation.

4.The learned standing counsel appearing for the seventh respondent would submit that based on the recommendation of the third respondent, dated 26.10.2022, appropriate orders will be passed within a reasonable time.

5. Recording the same, this Court directs the seventh respondent to consider the recommendation of the third respondent, dated 26.10.2022 and pass appropriate orders with regard to medical reimbursement, within a period of four 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.

30.01.2023 PM NCS:Yes/No Index:Yes/No Internet:Yes/No To:

1.The Secretary, State of Tamil Nadu, Department of Finance(Pension), Fort St. George, Chennai - 600 009. 2.The Commissioner of Treasuries and Accounts, State Level Empowered Committee, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, District Level Empowered Committee, Thoothukudi, Thoothukudi District.

4.The Joint Director of Medical and Rural Health Services, 166, North Kadarkarai Salai, Thoothukudi - 628 001. 5.The District Treasury Officer, 329, Sivandha Kulam Road,Near Kamaraj College, Thoothukudi - 628 003.

6.The Sub-Treasury Officer, Tiruchendur, Thoothukudi District.

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M.DHANDAPANI,J.

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