Palayyan .K v. The Member Secretary Of State Level Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11292 of 2022 and W.M.P.(MD)Nos.8055 & 8056 of 2022 K.Palayyan ... Petitioner /vs./ 1.The Member Secretary of State Level Committee, Directorate of Medical and Rural Health Services, Chennai - 600 006.

2.The Joint Director of Medical and Rural Health Services, / District Level Empower Committee, Kanyakumari District.

3.The District Treasury Officer, District Treasury Office, Nagercoil, Kanyakumari District.

4.The Sub Treasury Officer, Sub Treasury Office, Vilavancode, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings Ref.No.642/E3/P/08/2021 dated 18.11.2021 issued by the 1/4

2nd respondent in so far it relates to the petitioner's serial No.20 and consequential impugned intimation vide in RC.No.2177/2015(55) L2 dated 24.11.2021 issued by the 3rd respondent in so far it relates to the petitioner's serial No.12 and quash the same as illegal, arbitrary and improper and consequently to direct the respondents to approve and disburse petitioner's medical reimbursement claim for a sum of Rs.3,33,999.24/- (Three Lakhs Thirty Three Thousand and Nine Hundred Ninety Nine and Paise 24) along with 7.5% accrued interest within the stipulated time.

For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.G.Suriyananth Additional Government Pleader

ORDER

The petitioner's claim for medical reimbursement has been rejected by the District Level Empowered Committee (hereinafter referred to as "DLEC" for brevity) on 12.08.2021, as against which, the petitioner had preferred an appeal before the State Level Empowered Committee (hereinafter referred to as "SLEC" for brevity) on 15.12.2021, which is said to be pending. Since SLEC is the appropriate appellate authority against the DLEC's order, it would be appropriate to direct the first respondent herein to dispose of the petitioner's appeal, within 2/4

the stipulated time.

2.Accordingly, the first respondent herein, is directed to dispose of the petitioner's appeal, dated 15.12.2021, within a period of six (6) weeks from the date of receipt of a copy of this order, if not already been disposed of. This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 29.08.2022 Index : Yes / No Internet : Yes / No sm TO:

1.The Member Secretary of State Level Committee, Directorate of Medical and Rural Health Services, Chennai - 600 006.

2.The Joint Director of Medical and Rural Health Services, / District Level Empower Committee, Kanyakumari District. 3.The District Treasury Officer, District Treasury Office, Nagercoil, Kanyakumari District. 4.The Sub Treasury Officer, Sub Treasury Office, Vilavancode, Kanyakumari District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.11292 of 2022 Dated:

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