D.Anandan v. The Special Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.2505 of 2018 D.Anandan ... Petitioner Vs.

1.The Special Commissioner, Treasuries & Accounts Department, Panagal Building, Chennai-600 015.

2.The Commissioner, Dept. of Archaeology Tamil Valarchi Valagam, Halls Road, Chennai-600 008.

3.Assistant Director, Department of Archaeology, T.N.Mahal, Madurai-1. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to reimburse the medical expenditures with interest from the date of the petitioner's earlier representation dated 09.03.2015 within a stipulated time limit according to law based on the petitioner's representation dated 27.04.2017.

For Petitioner : Mr.S.Muthalraj For Respondents : Mrs.S.Srimathy, Spl.G.P.

ORDER

The petitioner is a retired employee in Archaeology Department. His wife underwent a spinal-card surgery on 23.05.2005. The petitioner incurred a sum of Rs.77,931/- in this regard. His claim for reimbursement has not been processed till date. 2.The learned Special Government Pleader appearing for the respondents would submit that the medical insurance was only from the year 2012 and the cause of action arose much earlier. 3.Be that as it may, the learned counsel appearing for the petitioner would submit that Tamil Nadu Government Employee Health Fund maintained by the first respondent is very much available. https://hcservices.ecourts.gov.in/hcservices/

4.The first respondent is directed to consider the petitioner's representation dated 09.03.2015, in the light of the extract norms and effect reimbursement to the petitioner as per his eligibility. The second respondent will submit a proposal in this regard within a period of four weeks from the date of receipt of a copy of this order and the first respondent shall thereafter, pass appropriate order and effect the reimbursement as per eligible norms, within a period of eight weeks. The writ petition is allowed, accordingly. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Special Commissioner, Treasuries & Accounts Department, Panagal Building, Chennai-600 015.

2.The Commissioner, Dept. of Archaeology Tamil Valarchi Valagam, Halls Road, Chennai-600 008.

3.Assistant Director, Department of Archaeology, T.N.Mahal, Madurai-1.

+1CC to Special Government Pleader in SR.No.59229, +1CC to Mr.S.MuthualRaj Advocate in SR.No.59142. GNS DS/JC/SAR-2 :07.06.2018:2P/6C W.P.(MD) No.2505 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/