Madras High CourtWP(MD)/16913/2025disposed of

Samuel P v. The Secretary

2025-07-21Honourable Mr.Justice Vivek Kumar Singh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16913 of 2025 P.Samuel : Petitioner Vs.

1. The Secretary, Family Welfare and Health Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Director of Pension, 259, Anna Salai, 3rd Block, 2nd Floor, Dms Campus, Teynampet, Chennai-600 006.

3. The Commissioner of Treasuries and Accounts, No.571, Officers Building, 3rd Floor, Anna Salai, Nandanam, Chennai-600 035.

4. The Chief Manager, United India Insurance Co Ltd., Vth Floor, Pla Rathna Towers, 212, Anna Salai, Chennai-600 006.

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5. District Level Empowered Committee, Joint Director of Medicine and Rural Health Services, Nagercoil, Kanyakumari District.

6. The Principal Government Medical College Hospital, Nagercoil, Kanyakumari District.

7. The District Treasury Officer, District Treasury Office, Kanyakumari District, Nagercoil, Kanyakumari District.

8. The Assistant Treasury Officer, Sub-Treasury Office, Vilavancode at Kuzhithurai.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the fourth respondent herein in his proceedings 010600/CRS/23/2025 dated 23.05.2025 quash the same impugned orders and consequently direct the respondents to pay the medical reimbursement to the petitioner with interest. For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R3 and R5 to R8 Mr.I.Robert Chandrakumar for R4 2/7

O R D E R

The writ petition has been filed challenging the impugned order dated 23.05.2025 passed by the fourth respondent and consequently, direct the respondents to pay the medical reimbursement to the petitioner along with interest.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner served in the Police Department since 1976 and retired from service on 30.04.2013. On 30.05.2022, the petitioner underwent treatment at KIMS Hospital, Thiruvananthapuram, pursuant to an accident that occurred on 26.05.2022. The petitioner states that he directly submitted a requisition letter, along with relevant medical treatment records and receipts, to the eighth respondent, who in turn forwarded the same to the respondents 7 and 8. The grievance of the petitioner is that, although the respondents 1 to 4 recommended the 3/7

application of the petitioner to the respondents 7 and 8 to reimburse the medical claim, no action has been taken by the respondents 7 and 8 till date. Consequently, the petitioner submitted a representation to the eighth respondent on 19.07.2022 seeking medical reimbursement. As the same has not yet been considered, the present writ petition has been filed.

4. The learned Standing Counsel for the third respondent submits that the petitioner's case is recommended by the Committee under the Tamil Nadu Medical Attendance Rules as per the guidelines issued by the Government under Rule 14 Sub Clause 4 of the guidelines for implementation of new Health Insurance Scheme, 2022 for pensioners including spouse, family pensioner. In terms of the said guidelines, Rule 14, Sub Clause 4 and in terms of the mandates of G.O(Ms)No.401 of the Health and Family Welfare (Z1) Department, dated 09.09.2021, the cases in which the claimants have taken treatment in non-network hospital under non emergency condition would be covered under the Tamil Nadu Medical Attendance Rules.

5. In view of the same, this Court hereby directs the petitioner to approach the third respondent further to consider his case 4/7

under the Tamil Nadu Medical attendance Rules as per the guidelines issued by the Government within a period of two (2) weeks from the date of receipt of a copy of this order. On such approach by the petitioner, the respondent concerned shall consider his case of reimbursement, provided if the same is permissible as per the Rules.

6.With the above directions and observations, this writ petition stands disposed of. No costs.

21.07.2025 Index : Yes / No Internet : Yes / No PKN To