Madras High CourtWP(MD)/16071/2023disposed of

Muniyasamy .M v. The District Level Empower Committee

2023-07-04Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Muniyasamy ... Petitioner Vs.

1.The District Level Empower Committee, Tepresented by the District Collector, Ramanathapuram District, Ramanathapuram.

2.The Joint Director, Medical Rural Health Services, Ramanathapuram District.

3.The District Treasury Officer, District Treasury, Collectorate, Ramanathapuram.

4.The Senior Regional Manager, (Medical Claims), United India Insurance Company Ltd., No.212, 5th Floor, Anna Salai, Chennai.

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5.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's medical reimbursement claim of Rs.82,277/- spent for his treatment and pay the same to the petitioner by considering the petitioner's representation dated 09.01.2023, within the stipulated time to be fixed by this Court.

For Petitioner : Mr.P.Vijaynivas For R1-R3 : Mr.M.Prakash Additional Government Pleader For R4 : Mr.A.Shajahan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to consider the petitioner's medical reimbursement claim of Rs. 82,277/- spent for his treatment and pay the same to the petitioner by 2/6

considering the petitioner's representation dated 09.01.2023, within the stipulated time to be fixed by this Court.

2. The petitioner was working as Conductor in Tamil Nadu State Transport Corporation (Kumbakonam) Limited at Paramakudi. On 14.11.2022, he felt ill and took treatment at Selva Hospital, Paramakudi where he underwent a surgery for left Submandibular Sialadentis Gland excision. Due to the sudden attack in his throat, the petitioner was not able to get treatment under Health Insurance Scheme. Hence, he borrowed a sum of Rs.82,227/- for his treatment and immediately after getting discharged from the hospital, he claimed the said medical expenses from 4th respondent through the District Level Empower Committee on 30.11.2022 through his representation annexed with all medical bills and necessary documents including his Identity Card under Medical Insurance Scheme along with treatment details. However, there was no response from the respondents. Hence, he sent a representation to the State Level Empower Committee and also to the District Level Empower Committee on 09.01.2023 seeking medical claim of Rs.82,277/-. So far, the representation is not considered by the respondents. 3/6

3. However, the learned Additional Government Pleader would submit that it is for the respondents 4 and 5 to consider the petitioner's representation.

4. However, the learned counsel appearing for the 4th respondent would vehemently contend that only for network hospitals, respondents 4 and 5 should consider and in case of non-network hospital, final call has to be taken by the District Level Empower Committee. In view of his submissions, this Court is inclined to direct the 1st respondent to consider the petitioner's representation, dated 09.01.2023 within a period of eight (8) weeks from the date of receipt of a copy of this order in accordance of G.O.Ms.No.160, dated 29.06.2021 Finance (Salary) Department.

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

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To 1.The District Level Empower Committee, Tepresented by the District Collector, Ramanathapuram District, Ramanathapuram.

2.The Joint Director, Medical Rural Health Services, Ramanathapuram District.

3.The District Treasury Officer, District Treasury, Collectorate, Ramanathapuram.

4.The Senior Regional Manager, (Medical Claims), United India Insurance Company Ltd., No.212, 5th Floor, Anna Salai, Chennai.

5.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.

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L.VICTORIA GOWRI, J.

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