S.Sankaranarayanan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND S.Sankaranarayanan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.
2.The District Level Empowered Committee, Rep. by its Chairperson, Virudhunagar, Virudhunagar District.
3.The Nodal Officer, United India Insurance Company Limited, Divisional Office VI, Ground Floor, Silingi Buildings, No.134, Greams Road, Chennai - 6.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to reimburse the remaining amount a sum of Rs.4,29,000/- for the medical expenses incurred by 1/7
the petitioner towards treatment for "Hypertension/severe Hyponatremia/ acute respiratory infection/ acute infective polyneuritis" between 06.12.2023 and 20.12.2023 at JK Institute of Neurology, Madurai by considering the petitioner's representation, dated 10.01.2025 within a period that may be stipulated by this Court.
For Petitioner : Mr.A.Nawazkhan M/s.Ajmal Associates For R1 & R2 : Mr.N.Satheesh Kumar Additional Government Pleader For R3 : Mr.I.Robert Chandra Kumar
O R D E R
This Writ Petition has been filed seeking a writ of mandamus directing the third respondent to reimburse the remaining sum of Rs.4,29,000/- for the medical expenses incurred by the petitioner towards treatment for "Hypertension/severe Hyponatremia/ acute respiratory infection/ acute infective polyneuritis" between 06.12.2023 and 20.12.2023 at JK Institute of Neurology, Madurai, by considering the petitioner's representation, dated 10.01.2025, within a period that may be stipulated by this Court. 2/7
2. Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel for the third respondent.
3. The petitioner is a retired Teacher, who retired on 31.08.1997. He is the member of the New Health Insurance Scheme. He admitted in JK Institute of Neurology, Madurai, for treatment of Hypertension/severe Hyponatremia/ acute respiratory infection/ acute infective polyneuritis between 06.12.2023 and 20.12.2023 and discharged from the hospital on 20.12.2023. He made a representation to the respondents on 12.01.2024 along with medical bills and medical records. The Sub Treasury Officer vide letter, dated 06.02.2024 forwarded the claim of the petitioner. Subsequently, the third respondent sent a communication, dated 06.09.2024 to the petitioner to submit the original documents additionally required for processing the claim amount. The third respondent paid a sum of Rs.5,00,000/- to the petitioner. For the remaining sum of Rs.4,29,000/-, he made a representation to the third respondent on 10.01.2025. Against the inaction of the third respondent, the petitioner filed this writ petition.
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4. During the course of hearing, the learned counsel for the third respondent, on instructions, would submit that the third respondent has considered the claim of the petitioner and thereafter paid an amount of Rs.5,00,000/-, which is admissible. If the petitioner is having any grievance about the settlement of the claim, he has to approach the District Level Empowered Committee.
5. The learned Additional Government Pleader appearing for the respondents 1 and 2 also would submit that the petitioner has to submit his claim application to the District Level Empowered Committee and the said committee will scrutinize the claim of the petitioner and it will be forwarded to the third respondent, if the petitioner is entitled for the same.
6. At this stage, the learned counsel for the petitioner submit that though the petitioner had given representation to the third respondent on 10.01.2025, he did not submit any claim application before the District Level Empowered Committee and sought permission of this Court to submit the same. 4/7
7. Considering the facts and circumstances of the case, in our considered view, it is appropriate and reasonable to permit the petitioner to submit his claim before the second respondent i.e.,District Level Empowered Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider the claim of the petitioner and take appropriate decision in accordance with law within a period of 4 weeks thereafter to meet the ends of justice.
8. Accordingly, the writ petition is disposed of by permitting the petitioner to submit his claim before the second respondent i.e.,District Level Empowered Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider the claim of the petitioner and take appropriate decision in accordance with law within a period of 4 weeks thereafter. No costs. 17.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 5/7
To:
1.The Additional Chief Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.
2.The District Level Empowered Committee, Rep. by its Chairperson, Virudhunagar, Virudhunagar District.
3.The Nodal Officer, United India Insurance Company Limited, Divisional Office VI, Ground Floor, Silingi Buildings, No.134, Greams Road, Chennai - 6.
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BATTU DEVANAND , J.
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