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Madras High CourtWP(MD)/11784/2022disposed of

Chitrakaladevi.M v. The Commissioner Of Treasuries And Accounts

2024-06-04Honourable Ms Justice R.N.Manjula7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11784 of 2022 and W.M.P(MD)No.8378 of 2022 M.Chitrakaladevi ... Petitioner Vs.

1.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai - 600 033.

2.The Divisional Manager United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai - 600 006.

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3.The Block Educational Officer Block Educational Office, Alanganallur, Madurai District - 625 501.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings passed by the 1st respondent in R.C.No.

36698/NHIS-1/2021 dated 22.02.2022 and consequential communication in this proceeding by the 3rd respondent in Na.Ka.No.642/A1/2021 dated 12.04.2022 and quash the same and consequently direct the respondents to sanction the medical expenses incurred by the Petitioner as per the eligibility criteria in terms of amount under the scheme.

For Petitioner : Mr.V.Muruganandam For Respondents : Mr.M.Siddharthan -- for R1 & R3 Additional Government Pleader Mr.C.Karthik - for R2

ORDER

The present writ petition has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the 2/7

impugned proceedings passed by the 1st respondent in R.C.No.36698/NHIS-1/2021 dated 22.02.2022 and consequential communication in this proceeding by the 3rd respondent in Na.Ka.No.642/A1/2021 dated 12.04.2022 and quash the same and consequently direct the respondents to sanction the medical expenses incurred by the Petitioner as per the eligibility criteria in terms of amount under the scheme.

2. Heard Mr.V.Muruganandam, learned counsel for the petitioner, Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1 and 3 and Mr.C.Karthik, learned counsel appearing for the second respondent.

3. The medical reimbursement as claimed by the petitioner was rejected for the reason that the hospital in which the petitioner had taken treatment does not come under the network hospital and it is a non emergency treatment. 3/7

4. The learned Additional Government Pleader submitted that subsequent to the impugned order of the first respondent, dated 22.02.2022 and the order of the third respondent, dated 12.04.2022, a Government order came to be issued in G.O.Ms.No.165, dated 01.06.2022, wherein, it is stated as under : 4/7

5. In view of the same, the petitioner is at liberty to approach the second respondent and re-emphasize her claim based on the above Government Order.

6. The petitioner is at liberty to send an application in this regard to the third respondent and on receipt of the same, the third respondent shall forward it to the second respondent with relevant documents collected from the petitioner and on receipt of the same, the second respondent shall pass appropriate orders for reimbursement within a period of four weeks.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

04.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

To 1.The Commissioner of Treasuries and Accounts, Integrated Finance Complex, No.571, Anna Salai, Nandanam, Chennai - 600 033.

2.The Divisional Manager United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai - 600 006.

3.The Block Educational Officer Block Educational Office, Alanganallur, Madurai District - 625 501.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.11784 of 2022 Dated:

04.06.2024 7/7