Mrs.K.Revathi, v. The Principal Secretary /
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10773 of 2018 K.Revathi ... Petitioner Vs 1.The Principal Secretary/Commissioner of Treasuries and Accounts State Level Empowered Committee, New Health Insurance Scheme - 2014, Integrated Finance Complex for Finance Dept., 571, Anna Salai, Nandanam, Chennai - 35.
2.The District Collector, District Level Empowered Committee, Madurai District.
2.The Treasury Officer, District Treasury Office, Madurai Collectorate Buildings, Madurai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus writ of Mandamus directing the respondents to reimburse the medical expenses of Rs.1,05,803/- incurred by the petitioner for her emergency abdominal surgery underwent on 01.04.2017 (Total Lap. Hysterectomy with BSO) by the senior Gynecological Surgeon Dr.Kurian Joseph at Joseph Nursing Home, Chennai - 31 in the light of the order passed in a Division Bench of Madurai Bench of Madras High Court in W.A.(MD).No.480/2009. Within a stipulated time.
For Petitioner : Mr.S.Arivalagan For Respondents : Mr.S.Angappan Government Advocate
ORDER
This writ petition has been filed seeking a direction to the respondents to reimburse the medical expenses of Rs.1,05,803/- incurred by the petitioner for her emergency abdominal surgery, underwent on 01.04.2017.
2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 3.The case of the petitioner is that she has undergone an abdominal surgery, for which, she incurred a sum of Rs.1,05,803/- towards medical expenses. Seeking medical reimbursement, the petitioner is before this Court.
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4.The learned Government Advocate appearing for the respondents submitted that the claim of the petitioner has already been rejected by the order of the third respondent dated 31.10.2017. Challenging the same, the petitioner has preferred an appeal dated 21.02.2018 before the first respondent. The petitioner, without getting disposal of the said appeal, has straight away come forward with this writ petition and therefore, the same cannot be entertained.
5.From a perusal of the typed set of papers, it is seen that the appeal preferred by the petitioner is pending before the first respondent. Therefore, pending appeal, the claim of the petitioner cannot be considered in this writ petition. However, this Court, directs the first respondent to dispose of the appeal filed by the petitioner on 21.02.2018 and pass appropriate orders on merits and in accordance with law, taking into account the judgment rendered by this Court in W.A(MD)No.480 of 2009, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. 6.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(A.E) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Principal Secretary/Commissioner of Treasuries and Accounts State Level Empowered Committee, New Health Insurance Scheme - 2014, Integrated Finance Complex for Finance Dept., 571, Anna Salai, Nandanam, Chennai - 35.
2.The District Collector, District Level Empowered Committee, Madurai District.
3.The Treasury Officer, District Treasury Office, Madurai Collectorate Buildings, Madurai District.
+1 CC to M/s.S.ARIVALAGAN, Advocate ( SR-59330[F] dated 05/04/2019 ) +1 CC to M/s.SPL GP ( SR-59558[F] dated 08/04/2019 ) W.P.(MD)No.10773 of 2018 SP:06/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/