Madras High CourtWP(MD)/3719/2024disposed of

Arumugam. S v. The Chief Secretary / Commissioner

2024-06-07Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Arumugam. S ... Petitioner Vs 1.The Chief Secretary / Commissioner, Commissioner of Treasuries and Accounts, 3rd Floor, Perasiriayar K.

Anbalagan Maligai, Anna Salai, Chennai

2. The Director, Tamilnadu Medical Service Corporation,

3. The Assistant Director, Tamilnadu Medical Service Corporation, Tirunelveli..

4. The District Collector, Tirunelveli District, Collector Office Complex, Tirunelveli..

5. The Treasury Officer, The District Treasuries and Accounts, Tirunelveli District..

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6. The Manager, United India Insurance Company Limited, 24, Whites Road, ... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to consider petitioner representation dated 26.10.2023 in favour of the petitioner for pay the balance reimburse and medical expenses a sum of Rs.3,94,449/- (Rupees Three Lakhs Ninety Four Thounsand Four Hundrend and Forty Nine) along with interest at the rate of 12 percent per annum.

For Petitioner : M/s. Narayanan. R, For Respondents : Mr.N.Ramesh Arumugam for R1 to R5 Government Advocate Mr.I.Sudhagar for R6

ORDER

This writ petition has been filed for a mandamus to direct the respondents to consider the representation dated 26.10.2023 in favour of the petitioner for pay the balance reimburse and medical expenses a sum of Rs.3,94,449/- (Rupees Three Lakhs Ninety Four Thounsand Four Hundrend and Forty Nine) along with interest at the rate of 12 percent 2/6

per annum.

2. Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 to 5 and the learned counsel for the 6th respondent.

3. The petitioner submitted that he is a beneficiary under the NHIS and for his heart ailment, he has undergone a surgery, for which, he has sought medical reimbursement. However, though the same was considered, part amount alone was disbursed in favour of the petitioner and the balance amount has not yet been reimbursed. Hence, the petitioner preferred a representation. Since the same has not been considered so far, the petitioner is before this Court.

4. When the matter was taken up for hearing, the learned Government Advocate submitted that the petitioner's case considered and the eligible amount was released to the petitioner by way of passing a Government order in G.O.Ms.No.299 Finance Department dated 22.11.2022.

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5. It seems that the petitioner is still aggrieved that his case was not considered under the NHIS. In such case, the petitioner is at liberty to file an appeal before the District Level Empowering Committee and work out his remedy. However, the representation of the petitioner is pending with the 2nd respondent. The 2nd respondent is, therefore, directed to consider the said representation and pass appropriate orders within four weeks from the date of receipt of a copy of this order. If any appeal is filed before the District Level Empowering committee by the petitioner, the same shall be considered by the District Level Committee and appropriate orders shall be passed thereon within a period of four weeks from the date of receipt of the appeal.

6. The writ petition is disposed of with the above direction. No costs.

07.06.2024 RR 4/6

TO 1.The Chief Secretary / Commissioner, Commissioner of Treasuries and Accounts, 3rd Floor, Perasiriayar K.