R.Neela v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.10892 of 2020 R.Neela ... Petitioner Vs.

1) The State of Tamil Nadu, Rep. by its Secretary to Government of Tamil Nadu, Finance and Pension Department, Chennai.

2) The Commissioner, Treasury and Accounts, 3rd Floor combined Office Campus, Nandanam Road, Chennai 600 035

3) The District Treasury Officer, Treasury and Accounts, Madurai Collectorate campus, Madurai.

4) The Manager, United India Insurance Company Limited, No.7 A, Westvelli Street, T.V.S. Building 2nd Floor, Opposite to Madurai Railway Station, Madurai ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to reimburse the medical expense incurred by the writ petitioner for a sum of Rs.2,39,554/- to the petitioner based on the G.O.Ms.No.280 dated 24.06.2020 within a time to be stipulated by this Court.

For Petitioner : Mr.M.S.Parthiban, For Mr.S.Vinodh For RR 1 to 3 : Mr.M.Jeyakumar, Additional Government Pleader For R4 : Mr.A.Shajahan

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to reimburse the medical 1/3

expenses incurred by the writ petitioner for a sum of Rs.2,39,554/- to the petitioner, based on G.O.Ms.No.280, dated 24.06.2020.

2. The petitioner was working as a staff Nurse and she retired from service in the year 2016, and now, she is a pensioner. She already joined in the Medical Insurance Scheme meant for Pensioners undertaken by the Government of Tamil Nadu. Accordingly, she has been paying the contribution every month from her pension. While so, during the COVID-19 pandemic period, she was affected with Corona disease and in this regard, she was admitted at a private Hospital called Ahana Hospital in Madurai due to emergency medical care and after having taken treatment, she was discharged. In this regard, the petitioner has claimed to have spent a sum of Rs.2,39,554/- (Rupees Two Lakhs Thirty Nine Thousand Five Hundred and Fifty Four only).

3. Hence, the petitioner already has given a request to the Insurance Company i.e. the fourth respondent on 14.08.2020 and to the other respondents 1 to 3 on 20.08.2020 with all medical bills, claiming for medical reimbursement under the Insurance Scheme. However, since there has been no response from the respondents, the petitioner has filed the present writ petitioner with the aforesaid prayer.

4. Heard Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents and Mr.A.Shajahan, learned standing counsel appearing for the fourth respondent.

5. The learned Additional Government Pleader appearing for the official respondents would submit that, the representation submitted to the official respondents for medical reimbursement, would be considered on merits and in accordance with law and a decision would be taken on merits within a time frame to be stipulated by this Court.

6. Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of the writ petition with the following order:- "that there will be a direction to the respondents, especially to the fourth respondent to consider the representation of the petitioner dated 14.08.2020 and to the respondents 2 and 3 to consider the request made by the petitioner, dated 20.08.2020 and accordingly, take a decision, in accordance with law and on merits and pass necessary orders with regard to the claim of the petitioner for medical reimbursement, within a period of eight weeks from the date of receipt of a copy of this order."

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7. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sts Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1) The Secretary, Government of Tamil Nadu, Finance and Pension Department, Chennai.

2) The Commissioner, Treasury and Accounts, 3rd Floor combined Office Campus, Nandanam Road, Chennai 600 035

3) The District Treasury Officer, Treasury and Accounts, Madurai Collectorate campus, Madurai.

+1 CC to Mr.S. VINODH, Advocate ( SR-16029[F] dated 07/09/2020 ) +1 CC to Mr.A. SHAJAHAN, Advocate ( SR-16036[F] dated 07/09/2020 ) +1 CC to SPL GP ( SR-16131[F] dated 07/09/2020 ) Order made in W.P.(MD)No.10892 of 2020 04.09.2020 VB (01.10.2020) 3P 7C 3/3