A.Alagarsamy v. The Commissioner Of Treasuries And Accounts
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD)No.14539 of 2024 A.Alagarsamy ... Petitioner Vs.
1.The Commissioner of Treasuries and Accounts, Amma Complex, 3rd Floor, No.571, Nandanam, Anna Salai, Chennai-600 006.
2.The Zonal Manager, United India Insurance Company Limited, PLA Rathna Tower 5th Floor, Anna Salai, Chennai-600 006.
3.The District Treasury Officer, O/o.District Treasury, Collectorate Complex, Madurai-625 020.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal letters dated 04.01.2022 issued by the second respondent and quash the same and consequently direct the second respondent to provide the medical reimbursement of Rs.3,48,400/- (Rupees Three Lakhs Forty Eight Thousand and Four Hundred only) as per the Medical bills within the time frame as fixed by this Court.
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For Petitioner : Mr.K.Muthumalai For R1 & R3 : Mr.S.Shanmugavel Additional Government Pleader For R2 : Mr.A.Shajakhan Standing Counsel
ORDER
This writ petition has been filed challenging impugned refusal letters dated 04.01.2022 issued by the second respondent and to direct the second respondent to provide the medical reimbursement of Rs.3,48,400/- (Rupees Three Lakhs Forty Eight Thousand and Four Hundred only) as per the Medical bills within the time frame as fixed by this Court. 2.Heard Mr.K.Muthumalai, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the first and third respondents and Mr.A.Shajakhan, learned Standing Counsel for the second respondent.
3.By consent of both parties, this writ petition is taken up of final disposal at the admission stage itself.
4.The petitioner, who is said to be the beneficiary under the New Health Insurance Scheme has sought to reimburse a sum of Rs.3,48,400/- for the 2/5
medical treatment taken by himself and his wife in view of the Covid-19 infection. The claim of the petitioner has been rejected stating the following reasons:
N o.
ID Name Hospital Date Reason
1. MD DL0 Thiru A.Alagarsamy Ahana Hospital Madurai 07.08.2020 to 12.08.2020 Non Critical Claims Under Corpus Fund Mode, The Treatment Shall Be Restricted in Network Hospital Only Hence The Claim Cannot Be Considered Under Both NHIS Scheme And Corpus Fund Mode.
5.It is needless to state that the petitioner has got an appeal remedy before the District Level Empowered Committee against the order passed under the New Health Insurance Scheme. However, the petitioner without preferring such appeal before the Committee, had straight away filed this writ petition. Since there is an alternative efficacious statutory remedy and it is not availed so far, the present Writ Petition is pre-matured.
6.Accordingly, this writ petition is dismissed. However, the petitioner is given with liberty to file an appeal before the District Level Empowered Committee and to raise whatever contentions he raised in this writ petition. On such filing, the District Level Empowered Committee shall consider the same 3/5
on its own merits and dispose of the same as expeditiously as possible in accordance with the Rules in force. No costs. Consequently, connected miscellaneous petition is closed.
25.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Commissioner of Treasuries and Accounts, Amma Complex, 3rd Floor, No.571, Nandanam, Anna Salai, Chennai-600 006.
2.The Zonal Manager, United India Insurance Company Limited, PLA Rathna Tower 5th Floor, Anna Salai, Chennai-600 006.
3.The District Treasury Officer, O/o.District Treasury, Collectorate Complex, Madurai-625 020.
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R.N.MANJULA, J.
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