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Madras High CourtWP(MD)/16195/2022disposed of

Jeyaraman.K v. The Secretary To Government

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.16195 of 2022 and W.M.P(MD)No.11711 of 2022 K.Jeyaraman ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, Finance (Salaries) Department, Fort St. George, Chennai 9.

2.The Senior Divisional Manger, United India Insurance Company Ltd., Divisional Office VI, Rathna Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.

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3.The District Collector, Theni District.

4.The Assistant Treasury Officer, Sub Treasury, Bodinaickanur Taluk, Theni District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the second respondent dated 01.10.2021 and consequential impugned proceedings of fourth respondent in Na.Ka.No. 628/2021/A1 dated 07.12.2021 quash the same and consequently direct the respondents herein to reimburse the medical claim of Rs.72,377/- together with interest at the rate of 7.5% p.a. thereon to the petitioner covered by the medical records and medical bills within a reasonable time fixed by this Court. 2/7

For Petitioner : Mr.K.Appadurai For Respondents : Mr.J.Ashok - for R.1, R.3 & R.4 Additional Government Pleader Mr.C.Karthik for R.2

ORDER

The present writ petition has been filed seeking a Writ of Certiorarified Mandamus, to quash the impugned order of the second respondent dated 01.10.2021 and consequential impugned proceedings of fourth respondent in Na.Ka.No. 628/2021/A1 dated 07.12.2021 and consequently direct the respondents herein to reimburse the medical claim of Rs.72,377/- together with interest at the rate of 7.5% p.a. thereon to the petitioner covered by the medical records and medical bills within a reasonable time fixed by this Court.

2. Heard Mr.K.Appadurai, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader 3/7

appearing for the respondents 1, 3 and 4 and Mr.C.Karthik, learned counsel appearing for the second respondent.

3. The petitioner's claim for medical reimbursement has been rejected for the reason that the diagnosis and the line of management is not an emergency one and hence, it does not fall under the scheme.

4. However, the petitioner has filed an appeal before the District Level Empowering Committee and that had admitted the claim of the petitioner and made a recommendation to the second respondent for reimbursement.

5. The learned counsel for the second respondent has submitted that the second respondent has filed an appeal before the State Level Empowering Committee and the same is pending. The copy of the appeal filed by the second respondent has also been 4/7

filed. But so far no order has been passed by the State Level Empowering Committee.

6. However, the petitioner intends to make his claim under Tamil Nadu Medical Attendance Rules and the second respondent shall take a call immediately after the disposal of the appeal filed by him.

7. With the above observation, the Writ Petition stands 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 Secretary to Government, Government of Tamil Nadu, Finance (Salaries) Department, Fort St. George, Chennai 9.

2.The Senior Divisional Manger, United India Insurance Company Ltd., Divisional Office VI, Rathna Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.

3.The District Collector, Theni District.

4.The Assistant Treasury Officer, Sub Treasury, Bodinaickanur Taluk, Theni District.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16195 of 2022 Dated:

04.06.2024 7/7