V.Rittammal v. The Secretary To Govt
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.06.2020
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.6724 of 2020 and W.M.P.(MD)No.6090 of 2020 V.Rittammal
...Petitioner
Vs.
1.The Secretary to Government, (Finance and Pension Department), Secretariat, Fort St.George, Chennai.
2.The Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai - 600 035.
3.The United India Insurance Co.Ltd., Rep. by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Towers, No.212, Anna Salai, Chennai -6.
4.District Level Committee, Rep. by District Collector, Nagercoil, Kanyakumari District.
5.The District Treasury Officer, The District Treasury Office, Nagercoil, Kanyakumari District.
6.The Joint Director of Medical and Rural Health Service, Nagercoil, Kanyakumari District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records on the file of the fifth respondent pertaining to its order bearing Na.Ka.No.21977/2015/2019/L2(33), dated 04.03.2020 and to quash the same and consequently direct the respondents to disburse Rs.1,67,111/- spent by the petitioner's husband A.Thampi Raj for the treatment underwent by him within a stipulated time to be fixed by this Court.
For Petitioner :Mr.S.C.Herold Singh For Respondents :Mr.Aayiram K.Selvakumar Additional Government Pleader 1/3
ORDER
By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the records on the file of the fifth respondent pertaining to its order bearing Na.Ka.No.21977/2015/2019/L2(33), dated 04.03.2020 and to quash the same and consequently direct the respondents to disburse Rs.1,67,111/- spent by the petitioner's husband A.Thampi Raj for the treatment underwent by him within a stipulated time to be fixed by this Court.
3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and also perused the materials available on record. 4.The case of the petitioner is that the petitioner was working as Tamil Pandit in SLB Girls Higher Secondary School, Nageroil and she retired from service. The petitioner is the member of the Government of Tamil Nadu Employees New Health Insurance Scheme and she is also contributing to the said scheme. On 05.02.2019, the petitioner's husband was admitted to Bethesda Hospital, Nagercoil, Kanyakumari District, since he suffered by severe chest pain and after taking treatment, he was discharged on 08.02.2019. The petitioner has totally spent a sum of Rs.1,67,111/- for medical treatment to her husband. Thereafter, she made an application on 25.02.
2019 to the fifth respondent, enclosing all the medical bills and discharge summary for medical reimbursement. The fifth respondent by his proceedings dated 17.09.2019 forwarded the same to the third respondent. Thereafter, the entire files regarding the treatment underwent by her husband was placed before the District Level Empowered Committee. After scrutinizing the documents, the District Level Committee, forwarded the same to the third respondent recommending for payment. But the third respondent has rejected the petitioner's claim for medical reimbursement saying that the patient had admitted only for Coronary Angiography (CAG) and underwent Percutaneous Transluminal Coronary Angioplaty (PTCA) and further, the hospital, where her husband was taken treatment, does not found place in the list of Network Hospital mentioned in G.O.No.
171, Finance Department, dated 26.06.2014 and the treatment is also not an emergency one. Challenging the same, this writ petition has been filed.
5.Today, when the matter came up for hearing, the learned Additional Government Pleader appearing for the respondents has produced a letter in Na.Ka.No.21977/2015/L2, dated 18.06.2020 of the fifth respondent, wherein the fifth respondent seeks eight weeks time to take steps on the application of the petitioner for medical reimbursement. Accordingly, the learned Additional Government 2/3
Pleader submitted that eight weeks time may be given to the respondents to consider the claim of the petitioner. 6.Recording the submission made by the learned Additional Government Pleader, the respondents are directed to consider the claim of the petitioner and pass orders on the same, based on the documents submitted by the petitioner and the recommendation of the District Level Committee, Kanyakumari District, within a period of eight weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 To 1.The Secretary to Government, (Finance and Pension Department), Secretariat, Fort St.George, Chennai.
2.The Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai - 600 035.
3.The United India Insurance Co.Ltd., Rep. by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Towers, No.212, Anna Salai, Chennai -6.
4.The District Level Committee, Rep. by District Collector, Nagercoil, Kanyakumari District.
5.The District Treasury Officer, The District Treasury Office, Nagercoil, Kanyakumari District.
6.The Joint Director of Medical and Rural Health Service, Nagercoil, Kanyakumari District W.P(MD)No.6724 of 2020 and W.M.P.(MD)No.6090 of 2020 KB(23.06.2020) 3P 7C 19.06.2020 3/3