Sekar v. The Commissioner Of Treasuries And Accounts

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD).No.6990 of 2024 Sekar ... Petitioner Vs.

1.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai.

2.The Divisional Officer, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai.

3.The Treasury Officer, Treasury Office, Sivagangai.

... Respondents PRAYER: Writ Petition f iled under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent dated 03.03.2023 in Letter No. 1/5

010600/DLEC/921/2022 and the consequential impugned order of the third respondent dated 28.11.2023 in Na.Ka.4640/2022/pp1 and quash the same and consequently direct the first respondent to grant medical reimbursement to the petitioner for his treatment.

For Petitioner : Mr.J.Anand Kumar For R-1 and R-3 : Mr.N.Ramesh Arumugam Government Advocate For R-2 : Mr.S.Shajahan Standing Counsel

O R D E R

This Writ Petition has been filed seeking to quash the order dated 03.03.2023 passed by the second respondent and the consequential impugned order of the third respondent dated 28.11.2023 and consequently direct the first respondent to grant medical reimbursement to the petitioner for his treatment.

2. Heard Mr.J.Anand Kumar, learned counsel for the petitioner, Mr.N.Ramesh Arumugam, learned Government Advocate for the respondents 1 and 3 and Mr.S.Shajahan, learned Standing Counsel for the second respondent. 2/5

3. Mr.J.Anand Kumar, learned counsel for the petitioner submitted that the petitioner's medical reimbursement was disallowed by stating that the petitioner has not taken the line of medical management and the treatment given to the petitioner is not covered under the scheme. The same was communicated to the petitioner by the third respondent on 28.11.2023. Now, the petitioner has filed this Writ Petition stating that the disease for which the petitioner had taken treatment is covered under the scheme and hence, the order rejecting the petitioner's reimbursement is not legal.

4. However, as per the scheme, if any person aggrieved can have the grievance redressed by way of filing an appeal before the District Level Empowered Committee. The petitioner is said to have made representation before the District Level Empowered Committee. Despite the District Level Empowered Committee has made a recommendation, the second respondent did not accept the same. Hence, the next avenue open to the petitioner is to approach the State Level Empowered Committee or to apply for reimbursement through Medical Attendant Rules.

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5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 17.04.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai.

2.The Divisional Officer, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai.

3.The Treasury Officer, Treasury Office, Sivagangai.

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R.N.MANJULA, J.

Nsr 17.04.2024 5/5