Siva Ayyanan v. The Principle Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18063 of 2022 A.Jeyalakshmi ... Petitioner /vs./ 1.The Director of Pension, 259, Anna Salai, D.M.S.Campus 2nd Floor, Thenampet, Chennai -6.
2.The Joint Director of Health Services, Dindigul District, Dindigul.
3.The District Treasury Officer, District Treasury, Dindigul.
4.The Divisional Officer, United India Insurance Company 5th Floor, P.L.A.Tower, 212, Anna Salai, Chennai -6.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the Medical Expenditure of Rs.1,86,632/- incurred by the petitioner at the Shree Sathya Subha Hospital, Dindigul, a New Work Hospital for taking treatment of Covid-19 for the 1/4
period from 20.12.2020 to 02.01.2021, based on the letter of the 3rd respondent to the 4th respondent dated 29.12.2021 as was approved by the District Level Empower Committee on 18.11.2021, along with belated payment interest. For Petitioner : Mr.S.Govindan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (for R1 to R3) Mr.A.Shajahan (for R4)
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2.The petitioner herein had given representations to the respondents on 30.03.2022, seeking for medical reimbursement of the remaining medical bill amount to the tune of Rs.3,15,749/-. Since the said representation was not considered, the present writ petition has been filed. 3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to 2/4
consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 30.03.2022, on its own merits and in the light of G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022 and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs. 29.08.
Internet : Yes / No sm M.S.RAMESH, J.
Sm TO:
1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.
2.The Commissioner of Treasury and Accounts, Amma Complex 3rd Floor, No.571, Nanthanam, Anna Salai, Chennai 600 035. 3.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower 212, Anna Salai, Chennai 600 006.
4.The Chairman, Meenakshi Mission Hospital and Research Center, Madurai.
Order made in W.P.(MD)No.18063 of 2022 Dated:
29.08.2022 4/4