Shanmugaiah v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.6696 of 2023 Shanmugaiah ... Petitioner Vs 1.The State represented by The Director, Rural Welfare and Health Department, Chennai - 600 006.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Joint Director, Medical and Rural Health Services Department, Tirunelveli, at Tenkasi.
4.The Treasury Officer, District Treasury, Tirunelveli.
5.The Sub Treasury Officer, Sub Treasury Office, Sankarankovil, Tirunelveli District.
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6.The Divisional Manager, United India Insurance Company Limited, Divisional Office, PLA Rathana Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 004.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the first respondent in O.Mu.No. 00067/Kabi 1/1/2022 dated 20.12.2022 and quash the same and consequently direct the respondents to reimburse a sum of Rs.2,22,633/- i.e (Rs. 1,79,257/-, Rs.18,389/- and Rs. 24,987/-) to the petitioner towards the medical expenses incurred by the petitioner's wife towards treatment between 08.04.2021 to 23.09.2021 within a time stipulated by this Court. For Petitioner : Mr.C.Rathnavel Pandian For Respondents : Mr.G.Suriyananth Additional Government Pleader for R.1 to R.5 Mr.C.Karthick for R.6
ORDER
Heard the learned counsel on either side.
2. The petitioner is a retired government employee. The petitioner's wife was afflicted to cancer. She took treatment in various non network hospitals. The petitioner incurred a sum of Rs.2,22,633/-. He seeks 2/5
reimbursement. The petitioner's case was considered by the first respondent based on the State Level Empowered Committee. It was noticed that since the petitioner had taken treatment in a non network hospital in a non emergent situation, the treatment is not covered under the scheme. The petitioner's claim was recommended by the committee to be considered under the Tamil Nadu Medical Attendance Rules. Copy of the said proceedings dated 20.12.2022 issued by the Director of Medical and Rural Health Services Department has been enclosed in the typed set of papers. The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu is directed to quantify the petitioner's eligible amount and pay the same to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.
3. This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 27.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Registry is directed to mark a copy of this order to the Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu.
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To 1.The Director, Rural Welfare and Health Department, Chennai - 600 006.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Joint Director, Medical and Rural Health Services Department, Tirunelveli, at Tenkasi.
4.The Treasury Officer, District Treasury, Tirunelveli.
5.The Sub Treasury Officer, Sub Treasury Office, Sankarankovil, Tirunelveli District.
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G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.6696 of 2023 27.06.2023 5/5