Paul Emmanuel Rajan.P v. The District Collector Cum Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/06/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA Paul Emmanuel Rajan.P ... Petitioner Vs
1. The District Collector Cum Chairman, District Level Empowered Committee, Tenkasi District..
2. The Divisional Manager, United India Insurance Company Ltd., 5th Floor, Pla Rathna Towers, No.212,Anna Salai, Chennai - 600 006..
3. The Director, Medical and Rural Health Services, Chennai..
4. The District Treasury Officer, Tenkasi..
... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 3rd 1/5
respondent in his proceedings in O.Mu.No.00027/KB1/1/2023 dated 20.11.2023 quash the same and direct the respondents to sanction the amount of Rs.66,924/-.
For Petitioner : M/s.Panneer Selvam.V, For Respondents :Mr.M.Lingadurai for R1, R3 and R4 Special Government Pleader Mr.I.Suthakaran for R2
ORDER
The petitioner has filed this writ petition challenging the impugned order issued by the 3rd respondent in his proceedings in O.Mu.No.00027/KB1/1/2023 dated 20.11.2023 and direct the respondents to sanction the amount of Rs.66,924/-.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1, 3 and 4 and the learned counsel for the respondent No.2.
3. The petitioner made a claim for medical reimbursement for undergoing treatment for his ailment by getting admitted in the Kidney Care Centre, Madurai from 07.12.2017 to 11.12.2017 by incurring a 2/5
medical expenses of Rs.1,00,000/-.
4. The petitioner claims that he is entitled to claim the benefit as per the National Health Insurance Scheme, however, his claim has got rejected stating that the petitioner's claim does not fall within the scheme.
5. The impugned order would read that the petitioner has taken treatment at a non networking hospital for a non emergency condition ie., for the procedure, which is not covered under the NHIS. However, a recommendation was made to consider the claim of the petitioner under Tamilnadu Medical Attendance Rules as per the guidelines.
6. If the petitioner is aggrieved due to the order rejecting the claim under NHIS, he is at liberty to make an appeal before the District Level Empowering committee and work out his remedy. However, it will not be a bar for the authorities from considering the claim of the petitioner under Medical Attendance Rules and allow whatever claim for which the petitioner is eligible for reimbursement.
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7. The writ petition is disposed of with the above direction. No costs.
07.06.2024 RR TO
1. The District Collector Cum Chairman, District Level Empowered Committee, Tenkasi District..
2. The Divisional Manager, United India Insurance Company Ltd., 5th Floor, Pla Rathna Towers, No.212,Anna Salai, Chennai - 600 006..
3. The Director, Medical and Rural Health Services, Chennai..
4. The District Treasury Officer, Tenkasi..
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R.N.MANJULA,J RR
ORDER
IN WP(MD) No.2101 of 2024 Date : 07/06/2024 5/5