Amirthalingam N v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Amirthalingam ... Petitioner Vs.
1.The Additional Chief Secretary to Government, Department of Finance, Fort St.George, Chennai-9.
2.The Commissioner of Treasuries and Accounts/Joint Director, Department of Treasuries and Accounts, 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai-600 035.
3.The Senior Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to provide the medical reimbursement to the tune of Rs.2,15,357/- (Rupees Two Lakh Fifteen Thousand Three Hundred and Fifty Seven only) to the petitioner in the light of vide Proceedings issued by the Respondent No.2 vide Rc.No. 1/6
39072/NHIS-3/2021 dated 19.03.2021 and G.O.(Ms).No.280 Finance (Salaries) Department, dated 24.06.2020 based on the petitioner's reminder representation dated 03.05.2023 within the time period stipulated by this Court. For Petitioner : Mr.J.Imran Khan For R1 & R2 : Mr.M.Prakash Additional Government Pleader For R3 : Mr.A.Shajahan
ORDER
The present writ petition has been filed seeking direction to the 3rd respondent to provide the medical reimbursement to the tune of Rs.2,15,357/- (Rupees Two Lakh Fifteen Thousand Three Hundred and Fifty Seven only) to the petitioner in the light of vide Proceedings issued by the Respondent No.2 vide Rc.No.39072/NHIS-3/2021 dated 19.03.2021 and G.O.(Ms).No.280 Finance (Salaries) Department, dated 24.06.2020 based on the petitioner's reminder representation dated 03.05.2023 within the time period stipulated by this Court.
2. The petitioner attained superannuation in the post of Sub Inspector of Police at Keelavalavu Police Station in Madurai District. He was a subscriber 2/6
of New Health Insurance Scheme for pensioners and during the period between 30.08.2020 to 09.09.2020, he was tested Covid-19 positive and under emergent situation, he was admitted at Ragavendra Hospital, Madurai. He took treatment and incurred medical expenses of Rs.2,15,357/- and thereafter, the petitioner applied for medical reimbursement. However, the petitioner's medical reimbursement claim application was pending before the 3rd respondent office since 2020. Despite the fact that the 2nd respondent had issued proceedings, dated 19.03.2021 and directed the 3rd respondent to make payment to the petitioner, the said exercise has not been done so far. Hence, this writ petition came to be filed.
3. The learned counsel for the 3rd respondent submitted that already more than 1000 applications pertaining to the covid-19 period is pending before their office for disposal. The petitioner may be directed to produce all the original documents pertaining to the medical treatment taken by him in Ragavendra Hospital, Madurai for Covid-19 treatment from 30.08.2020 to 09.09.2020 before the 3rd respondent. Thereafter, his application could be disposed within a period of four (4) weeks from the date of receipt of the original medical documents.
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4. Heard Mr.J.Imran Khan, learned counsel for the petitioner, Mr.M.Prakash, learned Additional Government Pleader for the respondents 1 and 2 and Mr.A.Shajahan, learned counsel for the 3rd respondent.
5. In view of the submission made by the learned counsel for the 3rd respondent, this Court is inclined to direct the petitioner to produce all the relevant original medical documents to the 3rd respondent and thereafter, on receipt of the same, the 3rd respondent shall disburse the eligible medical reimbursement amount within a period of four (4) weeks from the date of receipt of the original documents in the light of G.O.(Ms).No.280, Finance (Salaries) Department, dated 24.06.2020.
6. With the above said observations, this writ petition stands disposed of. No costs.
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To 1.The Additional Chief Secretary to Government, Department of Finance, Fort St.George, Chennai-9.
2.The Commissioner of Treasuries and Accounts/Joint Director, Department of Treasuries and Accounts, 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai-600 035.
3.The Senior Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.
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L.VICTORIA GOWRI, J.
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