Subramaniyan v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.18089 of 2022 Subramaniyan ... Petitioner Vs.

1.The Principal Secretary to Government, Finance Department, Secretariat, Chennai.

2.The Commissioner of Treasuries and Accounts, Panagal Building, Saidapet, Chennai-15.

3.The Finance Secretary (Pension) Department, Office of the Finance Secretary, Chennai.

...Respondents

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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 sanction the medical reimbursement for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner by considering the representation, dated 19.05.2022. For Petitioner : Ms.R.Karthika for M/s.Right Law Associates For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of Mandamus, directing the respondents to sanction the medical reimbursement for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner by considering the representation, dated 19.05.2022.

2. Heard Ms.R.Mr.C.Karthika, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

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3. The petitioner, who is a retired employee had taken medical treatment for spinal cord at OMR Apollo Hospital and applied for medical reimbursement under Medical Reimbursement Scheme. The petitioner submitted a representation dated 30.10.2019 to the respondents to disburse the amount under medical reimbursement. Since the same has not been sanctioned so far, he has filed this writ petition.

4. The learned Additional Government Pleader submitted that the petitioner has already given with maximum limit of Rs.2,00,000/- which was the eligible amount as per the scheme in force in the year 2014 when the medical treatment was taken.

5. However the respondents have not passed any order on this ground and informed the same to the petitioner so far. Since the representation of the petitioner has not riped into any order, the second respondent has to pass orders in this regard. 3/6

6. Considering the facts and circumstances, there shall be a direction to the second respondent herein to consider the claim of petitioner for medical reimbursement on its own merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the second respondents to consider the same on its own merits.

7.With the above direction, the Writ Petition stands disposed of. No costs.

04.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Principal Secretary to Government, Finance Department, Secretariat, Chennai.

2.The Commissioner of Treasuries and Accounts, Panagal Building, Saidapet, Chennai-15.

3.The Finance Secretary (Pension) Department, Office of the Finance Secretary, Chennai.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.18089 of 2022 Dated:

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