G.Lalitha Bai, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3474 of 2018 G.Lalitha Bai ... Petitioner -Vs1.The District Collector, Kanyakumari District at Nagercoil.

2.The Joint Director of Medical & Rural Health Services, Kanyakumari District at Nagercoil.

3.The District Treasury Officer, Kanyakumari District at Nagercoil.

4.United India Insurance Company Limited, Divisional Office, VI, V Floor, PLA Rathna Towers, 212, Anna Salai, Chennai-600 006. ...Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings in Na.Ka.No.21977/2015/L2(15) dated 11.01.2018 passed by the third respondent and quash the same, arbitrary, illegal and without jurisdiction consequently direct the respondents to provide the medical reimbursement of Rs.1,83,096/- to the petitioner for the treatment of the petitioner's husband.

For Petitioner : M/s.M.Maria Vinola For R1 to R3 : Mrs.S.Srimathy, Special Government Pleader.

For R4 : Mr.A.Shajahan

ORDER

The writ petitioner is a retired Government employee. The petitioner's husband Padmaraj suffered a cardiac arrest on 31.05.2017. Since the situation was life-threatening one and emergent, he was admitted in a non-network hospital namely, Ananthapuri Hospitals at Thiruvananthapuram on the same day. He underwent treatment and a sum of Rs.1,83,096/- was incurred by the petitioner for treating her husband. She wants reimbursement of the said amount. The petitioner's request was rejected by an order https://hcservices.ecourts.gov.in/hcservices/

dated 11.01.2018 by the third respondent. The reason set out in the impugned order is that the petitioner took treatment in a nonnetwork hospital. 2.This Court has held in more than one case that in a emergency situation, beneficiaries under the Government scheme can take treatment even in a non-network hospital. In this view of the matter, the order impugned in the writ petition is quashed. However, this Court cannot give a positive direction for reimbursement of the entire medical expenses incurred by the petitioner. It is for the respondents 1 and 2 to apply their standard and parameters and as per the eligible norms to pay the petitioner accordingly. Such payment will be made within a period of eight weeks from the date of receipt of a copy of this order. 3.This writ petition is allowed. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Joint Director of Medical & Rural Health Services, Kanyakumari District at Nagercoil.

3.The District Treasury Officer, Kanyakumari District at Nagercoil.

+1cc to M/S.A.Shajahan, Advocate SR.No. 54747 +1cc to Special Government Pleader, SR.No. 54906 +1cc to M/S.A.Elis Chitra Devi, Advocate SR.No. 54465 W.P.(MD)No.3474 of 2018 12.03.2018 myr JM/SV MMS/SAR 4/19.04.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/