Mohamed Ismail v. The Secretary To Government (Expenditure)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.13599 of 2022 Mohamed Ismail ... Petitioner /vs./ 1.The Secretary to Government (Expenditure), Finance (Pension) Department, St George Fort, Chennai - 600 009.
2.The Joint Director of Medical and Rural Health Services Department and Pension Pay Officer, Chennai.
3.The Commissioner, Treasuries and Accounts, Amma Complex 3rd Floor, Nandanam, Annasalai, Chennai - 600 035.
4.The District Collector, Collectorate Office, Tirunelveli District, Tirunelveli.
5.The District Collector, Collectorate Office, Tenkasi District, Tenkasi.
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6.The District Treasury Officer, District Treasury, Tirunelveli.
7.The District Treasury Officer, District Treasury, Tenkasi.
8.United India Insurance Company Ltd., Divisional Office - VI, PLA Rathna Towers, 5th Floor, 212, Anna Salai, Chennai - 600 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to sanction the medical reimbursement amount of Rs.1,34,788/- (Rupees One Lakh Thirty Four Thousand Seven Hundred and Eighty Eight only) to the Petitioner, based on Appeal filed by his wife dated 03.05.2018 and the petitioner's representation dated 24.09.2021.
For Petitioner : Mr.T.Indrachithu For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (For R1 to R7) Mr.R.A.Shajahan (For R8) 2/6
ORDER
In connection with the petitioner's claim for reimbursement of medical expenses under New Health Insurance Scheme, the District Level Empowered Committee (DLEC) had recommended for disbursement of medical reimbursement, through its order dated 24.07.2017. 2.In view of the inaction on the part of the Insurance Company to comply with the DLEC's recommendation, dated 24.07.2017, the petitioner had filed an appeal before the State Level Empowered Committee (SLEC), which was rejected on 02.04.2018. Against the same, he had preferred another appeal before the High Level Empowered Committee (HLEC) on 03.05.2018 and the same is pending.
3.This Court is of the view that if the HLEC is directed to dispose of the petitioner's appeal within a timeframe, the ends of justice could be secured. 4.Accordingly, there shall be a direction to the first respondent herein, to dispose of the petitioner's appeal dated, 03.05.2018, within a period of three (3) 3/6
months from the date of receipt of a copy of this order. This Writ Petition stands disposed of accordingly. There shall be no order as to costs. 29.08.2022 Index : Yes / No Internet : Yes / No sm 4/6
TO:
1.The Secretary to Government (Expenditure), Finance (Pension) Department, St George Fort, Chennai - 600 009.
2.The Joint Director of Medical and Rural Health Services Department and Pension Pay Officer, Chennai.
3.The Commissioner, Treasuries and Accounts, Amma Complex 3rd Floor, Nandanam, Annasalai, Chennai - 600 035.
4.The District Collector, Collectorate Office, Tirunelveli District, Tirunelveli.
5.The District Collector, Collectorate Office, Tenkasi District, Tenkasi.
6.The District Treasury Officer, District Treasury, Tirunelveli.
7.The District Treasury Officer, District Treasury, Tenkasi.
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M.S.RAMESH, J.
Sm Order made in W.P.(MD)No.13599 of 2022 Dated:
29.08.2022 6/6