Saravanamuthukrishnan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Saravanamuthukrishnan ... Petitioner Vs 1.The Commissioner, Treasury Office, 3rd Floor, Anbalagan Maligai, 571, Anna Salai, Nanthanam, Chennai - 600 035.

2.The District Collector, Madurai District, Madurai.

3.The District Treasury Officer, Collectorate, Madurai.

4.The Joint Director, Medical Department, Usilampatti, Madurai District.

5.The Division Officer, United India Insurance Company Limited, Divisional Office - VO, 5th Floor, P.L.A.Rathina Towers, 212, Anna Salai, Chennai.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant a sum of Rs.1,34,975/- medical reimbursement to the petitioner incurred on behalf of petitioner daughter's treatment by considering appeal dated 22.12.2022. For Petitioner : Mr.R.Manoharan For Respondents : Mr.G.Suriyananth Additional Government Pleader for R.1 to R.4 Mr.C.Karthik for R.5

ORDER

Heard the learned counsel on either side.

2. The petitioner is a Government employee. His daughter had lung related issues and she took treatment in Meenakshi Mission Hospital, Madurai from 13.01.2017 to 07.02.2017. The petitioner had incurred a sum of Rs.1,34,975/- (Rupees One Lakh Thirty Four Thousand Nine Hundred and Seventy Five only) towards his daughter's treatment. The petitioner applied for reimbursement. Since it was negatived by the third respondent, the petitioner filed an appeal before the first respondent. Since it was not considered, the present writ petition has been filed.

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3. The illness of the petitioner's daughter is not covered by the New Insurance Scheme. Therefore, liability cannot be fastened on the fifth respondent. However, the petitioner's case can be considered under Tamil Nadu Medical Attendance Rules.

4. The learned Additional Government Pleader based on the instructions received from the first respondent states that the petitioner's claim has been recommended to be considered under the Tamil Nadu Medical Attendance Rules and it is under process. The first respondent is directed to pass order on the petitioner's appeal and pay the eligible amount to the petitioner herein. This shall be done within a period of twelve weeks from the date of receipt of a copy of this order.

5. This writ petition is allowed on these terms. There shall be no order as to costs.

14.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Commissioner, Treasury Office, 3rd Floor, Anbalagan Maligai, 571, Anna Salai, Nanthanam, Chennai - 600 035.

2.The District Collector, Madurai District, Madurai.

3.The District Treasury Officer, Collectorate, Madurai.

4.The Joint Director, Medical Department, Usilampatti, Madurai District.

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