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Madras High CourtWA(MD)/55/2018dismissed

The Secretary To Government v. K.Dhevi

2018-01-29Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2018

CORAM

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN AND THE HON'BLE MRS.JUSTICE R.THARANI W.A.(MD)No.55 of 2018 and C.M.P(MD)No.274 of 2018 1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.

2.The Director of Pension, No.259, Anna Salai, DMS Campus, Teynampet, Chennai - 600 006.

3.The Assistant Treasury Officer, Sub Treasury, Vilathikulam - 628 907.

... Appellants/Respondents Vs.

K.Dhevi ... Respondent/Writ Petitioner Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.13908 of 2015 dated 27.02.2017.

Prayer in WP(MD)No.13908/2015: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent i.e., the Secretary to Government, Finance (Pension) Department, Chennai relating to Government letter No.32674/Pension/2015 dated 08.07.2015 and quash the same and consequently direct the first respondent i.e., the Secretary to Government, Finance (Pension) Department, Chennai to sanction the permissible amount of medical reimbursement based on the claim of the Petitioner Tmt.K.Dhevi, Pensioner (PPO No.C607389) irrespective of the fact that the treatment was undergone at Singapore within a specified time frame that may be fixed by this Hon'ble Court . For Appellants : Mr.D.Muruganantham Additional Government Pleader For Respondent : Mr.S.Visvalingam https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The prayer sought for by the respondent/writ petitioner, who got the favourable order before the learned Single Judge, has already been granted by disbursement of medical reimbursement amount and therefore, the order of the learned Single Judge has been complied with.

2.The disbursement of amount to the respondent is proved by the letter of the Assistant Treasury Officer, Vilathikulam to the Additional Government Pleader in R.O.C.No.157/2017-41 dated 22.01.2018. The relevant portion of the letter is extracted hereunder:

"In compliance to the judgment order 1st cited, the Government issued the order 2nd cited, authorising the Director of Pension to disburse the maximum permissible amount under the scheme. Accordingly the Director of Pension disbursed the cheque, bearing no:937137 dt 16-102017 for Rs.90422/- to the beneficiary Tmt.K.Dhevi through the proceedings 3rd cited."

3.In view of the above, this Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009. 2.The Director of Pension, No.259, Anna Salai, DMS Campus, Teynampet, Chennai - 600 006.

3.The Assistant Treasury Officer, Sub Treasury, Vilathikulam - 628 907.

+One cc to The Special Government Pleader, SR.No.44745 sj RL/5C/2P/KK/SAR1/14/2/2018 W.A.(MD)No.55 of 2018 and C.M.P(MD)No.274 of 2018 29.01.2018 https://hcservices.ecourts.gov.in/hcservices/