Senthilkumar S v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Senthilkumar ... Petitioner vs.

1.The Secretary to Government, Government of Tamil Nadu, Finance(Salaries)Department, Fort St. George, Chennai-9.

2.The Senior Divisional Manager, United India Insurance Company Limited, Divisional Office VI, PLA Rathna Towers, 5th floor, No.212, Anna Salai, Chennai - 600 006.

3.The District Collector, Ramanathapuram District.

4.The Commissioner of Treasuries, Chennai.

5.The District Treasury Officer, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to 1/6

reimburse the balance medical claim out of Rs.2,23,582/- after deducting Rs.1,14,000/- paid to the petitioner together with interest at the rate of 7.5% p.a. thereon as per medical records and medical bills within a reasonable time as may be fixed by this Court. For Petitioner :

Mr.K.Appadurai For R1, R3, R4 and R5 :

Mr.J.Ashok Additional Government Pleader For R2 :

Mr.C.Karthik

O R D E R

Heard Mr.K.Appadurai, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for R1, R3, R4 and R5 and Mr.C.Karthik, learned counsel appearing for R2.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the respondents to reimburse the balance medical claim out of Rs.2,23,582/- after deducting Rs.1,14,000/- already paid to him together with interest at the rate of 7.5% p.a. as per medical records and medical bills within a stipulated time.

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3. The petitioner who had spent a sum of Rs.2,23,582/- towards his treatment for 'angioplasty and PTCA stent' has applied for medical reimbursement. But, the second respondent has disbursed only a sum of Rs.1,14,000/-. Hence, the writ petition.

4. Mr.K.Appadurai, learned counsel appearing for the petitioner submitted that the petitioner is entitled to claim medical reimbursement under the New Health Insurance Scheme. Despite the partial claim of the petitioner was not allowed, no reason has been assigned and informed to him in this regard.

5. It is pertinent to point out that only if the second respondent furnishes a copy of the order for rejection of the partial claim of the petitioner, the petitioner can file an appeal before the State Level Empowering Committee.

6. In view of the above observations, the writ petition is disposed of and the second respondent is directed to pass an order 3/6

assigning the reason for rejection of the petitioner's partial claim, in order to enable the petitioner to file an appeal before the State Level Empowering Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of such order, the petitioner is at liberty to prefer an appeal before the State Level Empowering Committee within the period of limitation. No costs. 05.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6

To 1.The Secretary to Government, Government of Tamil Nadu, Finance(Salaries)Department, Fort St. George, Chennai-9.

2.The District Collector, Ramanathapuram District.

3.The Commissioner of Treasuries, Chennai.

4.The District Treasury Officer, Ramanathapuram District.

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R.N.MANJULA, J.

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