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Madras High CourtWP(MD)/4722/2024disposed of

V.Padmadevi v. The Government Of Tamilnadu

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 WMP(MD) No.4544 of 2024 V.Padmadevi ... Petitioner Vs

1. The Government of Tamilnadu, Rep. by its Secretary to the Government, Finance (Salaries) Department, Fort St. George, Chennai-600 009.

2. The Joint Secretary to Government, Finance (Health Insurance) Department, Secretariat, Chennai-600 009.

3. The Commissioner of Treasuries, and Accounts, 3rd Floor, Perasiriyar K.Anbazhagan and Maaligai, 571, Anna Salai, Nandhanam, Chennai-35.

4. The District Collector, 1/6

5.The Joint Director of Medical, and Rural Health Services, Office of the Joint Director of Medical and Rural Health Services, 6.The District Treasury Officer, Office of the District Treasury Officer, Tirunelveli District.

7.The District Educational Officer,

8. The United India Insurance C, O. Ltd.,, Divisional Office Vi.V Floor, P.L.A.Rathina Towers, 212, Anna Salai, Chennai-600 006.

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records on the file of 6th respondents in proceedings in Na.Ka.No.2557/J3/2023 dated 20.11.2023 as well as 8th respondent letter dated 12.10.2023 quashing the both illegal and arbitrary and consequently direct the 8th respondent hereinto reimburse the medical expenses of Rs.1,50,000/- incurred by the petitioners son for taking medical treatment at Apollo Spectra Hospital in Bengalaru, Karnataka. For Petitioner :

Mr.M.Pandian For Respondents : Mr.J.Ashok for R1 to R7 Additional Government Pleader Mr.I.Suthagar for R8 2/6

ORDER

The petitioner, who has made a claim for medical reimbursement for a sum of Rs.1,50,000/-, which was incurred towards medical expenses for the treatment taken by the petitioner's son for Septoplasty at Apollo Spectra Hospitals, Bangalore. The said claim was rejected through the impugned order and hence, the petitioner is before this Court with this writ petition.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 7 and the learned counsel for the 8th respondent.

3. The learned counsel for the petitioner submitted that the petitioner's claim has been forwarded through the first level officers and the same was rejected by the 8th respondent on the ground that the treatment given to the petitioner's son was in non networking hospitals and non emergency.

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4. The learned counsel for the 8th respondent by filing a counter affidavit submitted that the relevant G.O., covered for the petitioner is G.O.Ms.No.202 dated 30.06.2016, which covers the period from 01.07.2016 to 30.06.2020. He further submitted that as per the decision of this Court in WA(MD) No.2076/2018 dated 27.03.2019, the Government was directed to pay the reimbursement under the Tamil Nadu Medical Attendance Rules and submitted that in the present case on hand, the petitioner is entitled for reimbursement as per the Tamil Nadu Medical Attendance Rules.

5. The petitioner's son took treatment during on 02.03.2020 and the said period is covered under the above G.O.No.202. If the petitioner is aggrieved due to the above order of the Insurance Company dated 12.10.2023, she is at liberty to prefer an appeal before the District Level Empowering Committee as per the scheme, as it is contemplated under G.O.No.202 dated 30.06.2016. This will not preclude the petitioner to make any claim that is eligible under the Tamil Nadu Medical Attendance Rules as well, if the petitioner so convinced. 4/6

6. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 07.06.2024 RR TO

1. The Secretary to the Government, Finance (Salaries) Department, Fort St. George, Chennai-600 009.

2. The Joint Secretary to Government Finance (Health Insurance) Department, Secretariat,Chennai-600 009.

3. The Commissioner of Treasuries, and Accounts, 3rd Floor, Perasiriyar K.Anbazhagan and Maaligai, 571, Anna Salai, Nandhanam, Chennai-35.

4. The District Collector, Tirunelveli District, Tirunelveli.

5.The Joint Director of Medical, and Rural Health Services, Office of the Joint Director of Medical and Rural Health Services,Tirunelveli.

6.The District Treasury Officer, Office of the District Treasury Officer, Tirunelveli District.

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R.N.MANJULA,J RR 7.The District Educational Officer,

ORDER

IN WP(MD) No.4722 of 2024 Date : 07/06/2024 6/6