Thenmozhi. R v. The Commissioner Of Treasuries And Accounts

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.14167 of 2024 R.Thenmozhi ... Petitioner Vs.

1.The Commissioner of Treasuries and Accounts, 3rd Floor Perasiyar K.Anbazhagan Maligai, Nandanam, Chennai - 35.

2.The Joint Director, Virudhunagar District Medical and Rural Service and Family Welfare, Virudunagar.

3.The Divisional Manager, United India Insurance Company Limited, Divisional Office, 5th Floor PLA Rathina Tower, Anna Salai, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay a sum of Rs.1,86,630/- (One Lakh Eighty Six Thousand Six Hundred and Thirty Rupees only) towards Medical Expenses incurred by the petitioner for treatment of Covid - 19. 1/6

For Petitioner : Mr.M.Ashok Kumar For Respondents : Mr.N.Ramesh Arumugam (R1 & R2) Government Advocate Mr.A.Shajahan (R3)

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the respondents to pay a sum of Rs.1,86,630/- (One Lakh Eighty Six Thousand Six Hundred and Thirty Rupees only) towards Medical Expenses incurred by the petitioner for treatment of Covid - 19.

2. Heard Mr.M.Ashok Kumar, learned counsel for the petitioner, Mr.N.Ramesh Arumugam, learned counsel appearing for the respondents 1 and 2 and Mr.A.Shajahan, learned counsel appearing for the third respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6

4. The petitioner claims that she is a beneficiary under NHIS. The petitioner's husband was diagnosed with Covid-19 and admitted in N.N.P. Hospital, Thiruthangal, as an in patient from 25.03.2021 to 04.04.2021. Despite the claim has been forwarded to the Treasury and Accounts Department, the third respondent has not given any reimbursement till now.

5. The learned counsel appearing for the third respondent submitted that the application of the petitioner will be considered provided the petitioner produces the relevant documents, for which, the learned counsel appearing for the petitioner replied that all the relevant documents have already been submitted.

6. Since the matter is pending for a long time and such treatment taken by the beneficiary under the scheme is also entitled to get reimbursement in accordance with eligibility as per G.O.Ms.No.165 dated 01.06.2022, it is appropriate to direct the third respondent to consider the claim of the petitioner in 3/6

accordance with the Government Order and also in the light of the earlier judicial pronouncement in W.P(MD)No.14959 of 2021 dated 18.07.2023.

7. In the light of the above, there shall be a direction to the third respondent to consider the claim petitioner in accordance with the Government Order in G.O.Ms.No.165 dated 01.06.2022 and also in the light of the earlier Judicial Pronouncement in W.P(MD)No.14959 of 2021 dated 18.07.2023 within a period of four weeks.

8. With the above direction, the Writ Petition stands disposed of. No costs.

01.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 4/6

To 1.The Commissioner of Treasuries and Accounts, 3rd Floor Perasiyar K.Anbazhagan Maligai, Nandanam, Chennai - 35.

2.The Joint Director, Virudhunagar District Medical and Rural Service and Family Welfare, Virudunagar.

3.The Divisional Manager, United India Insurance Company Limited, Divisional Office, 5th Floor PLA Rathina Tower, Anna Salai, Chennai.

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R.N.MANJULA , J.

sm Order made in W.P.(MD)No.14167 of 2024 01.07.2024 6/6