Madras High CourtWP(MD)/5696/2019dispensed with for the present

N.Edison, S/O.Nallathambi v. The Joint Director,

2020-11-27Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition (M D)No.5696 of 2019 N.Edison ... Petitioner Vs.

1.The Joint Director, Pension Department, 3rd Floor, 571, Anna Salai, Nandanam, Chennai 35.

2.The Director of Pension, DMS Complex, Thenampet, Chennai -6.

3.The District Collector, Kanyakumari District, Kanyakumari.

4.The Commissioner of Treasuries and Accounts, Chennai - 35.

5.The Treasury Officer, Vilavancode, Nagercoil, Kanyakumari District.

6.The United India Insurance Company Limited, Chennai.

... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records in connection with the impugned order of rejection passed by the first respondent in Letter No.O.Mu.14619/2018/E3, dated 03.12.2018 and quash the same and consequently direct the respondents to reimburse Rs.1,85,000/- (Rupees one lakh eighty five thousand only) being the Medical Expenditure incurred by the petitioner for Radiation Therophy in KIMS Cancer Centre at Trivandrum, Kerala State for Cencer Problem for the period from 21.05.2018 to 02.07.2018 within a specified period, that may be fixed by this Court.

For Petitioner : Mr.S.Govindan For R1 to R5 : Mr.M.Jeyakumar Additional Government Pleader For R6 : Mr.A.Shajahan

O R D E R

The petitioner has filed this writ petition challenging the impugned order passed by the first respondent in Letter No.O.Mu.14619/2018/E3, dated 03.12.2018.

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2. While passing the impugned order, the first respondent has clearly stated that the appropriate authority to file a claim of the petitioner for reimbursement of medical claim is only the District Empowered Committee.

3. Though the first respondent has directed the petitioner to approach the District Empowered committee, he has challenged the said order before this Court and filed the present writ petition.

4. When this matter was taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner would like to approach the District Empowered Committee and therefore, liberty may be granted to him to approach the District Empowered Committee and make his claim.

5. The learned counsel appearing for the sixth respondent Insurance Company would submit that the petitioner may be permitted to approach the District Empowered Committee, who is the appropriate authority for the petitioner to make his claim with regard to the reimbursement of medical expenses.

6. In view of the above said submissions, this Court permits the petitioner to approach the District Empowered Committee, Kanyakumari District within a period of three weeks from the date of receipt of a copy of this order and to make his claim for medical reimbursement and the District Empowered Committee, Kanyakumari District is directed to dispose of the petitioner's claim within a period of six weeks thereafter. While passing the order, the District Empowered Committee, Kanyakumari District have to pass clearly with regard to the entitlement of the amount to be claimed by the petitioner before the Insurance Company and the balance amount of entitlement of the petitioner to be claimed before the Government Authorities, as per the Tamil Nadu Medical Attendance Rules.

7. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

akv 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 Joint Director, Pension Department, 3rd Floor, 571, Anna Salai, Nandanam, Chennai 35.

2.The Director of Pension, DMS Complex, Thenampet, Chennai -6.

3.The District Collector, Kanyakumari District, Kanyakumari.

4.The Commissioner of Treasuries and Accounts, Chennai - 35.

5.The Treasury Officer, Vilavancode, Nagercoil, Kanyakumari District.

6.The United India Insurance Company Limited, Chennai.

7.The District Empowered Committee, Kanyakumari District.

+1 CC to SGP ( SR-23337[F] dated 30/11/2020 ) +1 CC to Mr.A.SHAJAHAN, Advocate ( SR-23253[F] dated 30/11/2020 ) W.P.(MD)No.5696 of 2019 27.11.2020 SS(CO) KM (17.12.2020) 3P 10C 3/3