K.Murugiah v. The Commissioner Of Treasuries And Accounts

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Murugiah ... Petitioner Vs.

1.The Commissioner of Treasuries and Accounts, Integrated Office Building for Finance Department, Amma Complex, 571 Anna Salai, Nandanam, Chennai-35.

2.The District Collector, Tenkasi District, Tenkasi.

3.The Joint Director of Health Services, Tenkasi District, Tenkasi.

4.The District Treasury Officer, O/o the District Treasury, Tirunelveli - 09.

5.The Project Head, TNNHIS Employees, Pensioners and Co-operative Schemes AGM-Operations, MD India Health Insurance TPA Pvt. Ltd., Guna Complex, New Door No.443 & 445, Old Door No.304 & 305, Anna Salai, Teynampet, Chennai-600 018.

... Respondents 1/6

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 Representation, dated 10.07.2021 and to make payment of Rs.2,51,934/- towards reimbursement of medical expenses with interest at the rate of 9% per annum from the date of making the claim till actual payment to be made to the petitioner within a stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Saravanakumar For R1-R4 : Mr.N.Muthu Vijayan Special Government Pleader

ORDER

The present writ petition has been filed seeking direction to the respondents to consider the petitioner's representation, dated 10.07.2021 and to make payment of Rs.2,51,934/- towards reimbursement of medical expenses with interest at the rate of 9% per annum from the date of making the claim till actual payment to be made to the petitioner within a stipulated time may be fixed by this Court.

2. The petitioner was working as Fitter Grade-I in Kadayanallur Municipality, Tenkasi District and he retired on 31.10.2005 on attaining the age 2/6

of superannuation. The petitioner is a member of Tamil Nadu Government Health Insurance Scheme from the date of announcement till date and he is paying a premium of Rs.350/- which is recovered from his pension. While so, the petitioner's wife M.Vellaithai was suddenly affected by Covid-19 and as a result of which, she was admitted in the Tenkasi Medical Centre at Tenkasi. For giving treatment, she was admitted in ICU from 05.06.2021 and thereafter, she was discharged on 15.06.2021, for which a total medical expenditure of Rs.2,51,934/- was incurred by the petitioner. The petitioner made an application to the 2nd respondent on 10.07.2021 with a request to reimburse the medical expenditure incurred by him for his wife. The 4th respondent in his proceedings, dated 19.07.

2021 returned the petitioner's claim on the ground that the treatment was not taken in a network hospital and further directed the petitioner to make an application before the District level empowered committee. Thereafter, the petitioner's claim was forwarded by the 2nd respondent to the 4th respondent on 29.07.2021. The 2nd respondent forwarded the petitioner's proposal to the 1st respondent vide proceedings, dated 03.09.2021. He also forwarded the proposal to the 3rd respondent on 21.12.2021.

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3. On submission of all the particulars by the petitioner, the 3rd respondent has forwarded the proposal to the 1st respondent on 20.12.2022 and the same is pending without taking any steps to pass any orders.

4. In view of the same, this Court directs the 1st respondent to process the application of the petitioner seeking payment of Rs.2,51,934/- towards medical reimbursement on the basis of his application, dated 10.07.2021. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition stands disposed of. No costs. 01.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Commissioner of Treasuries and Accounts, Integrated Office Building for Finance Department, Amma Complex, 571 Anna Salai, Nandanam, Chennai-35.

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2.The District Collector, Tenkasi District, Tenkasi.

3.The Joint Director of Health Services, Tenkasi District, Tenkasi.

4.The District Treasury Officer, O/o the District Treasury, Tirunelveli - 09.

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L.VICTORIA GOWRI, J.

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