Sathi Kumari R v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16279 of 2023 R.Sathi Kumari ... Petitioner Vs.

1.The Secretary to Government , (Finance and Pension Department), Secretariat, Fort St. George, Chennai.

2.The Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai 600 035.

3.The United India Insurance Company Limited, Represented by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Towers, No. 212, Anna Salai, Chennai - 6.

4.The District Level Committee, Represented by District Collector, 1/6

5.The District Treasury Officer, The District Treasury Office, 6.The Sub Treasury Office, The Sub Treasury Office, Vilavancode, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse Rs.2,15,825.66 spent by the petitioner for the treatment underwent by the petitioner within a stipulated period fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For RR 1, 2, 4 to 6 : Mr.N.Muthuvijayan Special Government Pleader For R - 3 : Mr.A.Shajahan

ORDER

The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to disburse Rs.2,15,825.66 spent by the petitioner for the treatment underwent by the petitioner within a stipulated period fixed by this Court. 2/6

2.Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents 1, 2 & 4 to 6 and Mr.A.Shajahan, learned counsel appearing for the third respondent and perused the materials available on record.

3.The petitioner worked as a Junior Assistant Special Grade in the private aided School. He got retired from service on 31.05.2009. The petitioner is a member of the Health Fund Scheme and he has regularly paid the monthly instalments towards that scheme. The petitioner got admitted in PRS Hospital, Trivandrum on 19.03.2022 for Liver Psoriasis disease and he was discharged from the Hospital on 29.03.2023, for which treatment, he incurred an expenditure for a sum of Rs.2,15,825.66/-. Since the petitioner is a member of the Health Insurance Scheme, for which, he is issued with an identity card, he is entitled to claim the medical expenses. On that basis, he submitted an application to the sixth respondent enclosing all the bills and discharge summary on 12.04.2023. However, even after receiving the same, the said application was not processed. Hence, this Writ Petition came to be filed.

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4.Considering the facts and circumstances of the case, this Court directs the sixth respondent to consider the application of the petitioner, dated 12.04.2023, who in turn forward the same to the fourth respondent and the fourth respondent is directed to pass necessary orders and thereafter, forward the same to the first respondent and the first respondent is directed to pass necessary orders forthwith within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

03.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Secretary to Government , (Finance and Pension Department), Secretariat, Fort St. George, Chennai.

2.The Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai 600 035.

3.The United India Insurance Company Limited, Represented by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Towers, No. 212, Anna Salai, Chennai - 6.

4.The District Level Committee, Represented by District Collector, 5.The District Treasury Officer, The District Treasury Office, 6.The Sub Treasury Office, The Sub Treasury Office, Vilavancode, 5/6

L.VICTORIA GOWRI, J.

ps W.P.(MD)No.16279 of 2023 03.08.2023 6/6