C.M.Johnson v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.15075 of 2017 C.M.Johnson ...

Petitioner Vs.

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

2. The Director of Treasuries and Accounts, Panagal Buildings, Saidapet, Chennai 600 015.

3. The United India Insurance Company Limited, Represented by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A. Rathana Towers, Chennai - 6.

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

5. The Treasury Officer, The District Treasury Office, Nagercoil,

6. The Joint Director of Medical and Rural Health Services, At Nagercoil, Kanyakumari District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ Certiorarified Mandamus, to call for the records on the file of the 5th respondent pertaining to its order bearing Na.Ka.No.21977/2015/L(30) dated 7.6.2019 and to quash the same and consequently direct the respondents to disburse Rs.1,96,019/- spent by the petitioner for the treatment underwent by his wife C.Esther within a stipulated time fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For R-1, 2, 4 to 6 : Mr.S.R.A.Ramachandran Additional Government Pleader For R-3 : Mr.A.Shajahan

ORDER

This writ petition is filed challenging the order passed by the 5th respondent / Treasury Officer, wherein the said officer has rejected the claim of the petitioner. The said officer has also stated that the claim of the petitioner was considered by the District Level Committee, 4th respondent herein and the claim 2/6

was rejected. Since the District Level Committee has rejected the claim, the 5th respondent Treasury Officer has rejected the claim of the petitioner through the order.

2. Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for R-1, 2, 4 to 6 and Mr.A.Shajahan, learned counsel appearing for R-3. Perused the material documents available on record.

3. The petitioner is having appellate remedy before the State Level Committee, but has rushed to this Court and has filed this writ petition.

4. Therefore, the petitioner is directed to file an appeal before the State Level Committee within a period of 4 weeks from the date of receipt of a copy of the order and the State Level committee is directed to consider and pass orders, within a period of 4 weeks, thereafter. 3/6

5. With these observations and directions, this writ petition is disposed of. No Costs.

Index : Yes / No 17.03.2023 Internet : Yes ksa 4/6

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

2. The Director of Treasuries and Accounts, Panagal Buildings, Saidapet, Chennai 600 015.

3. The District Level Committee, Represented by Collector, At Nagercoil,

4. The Treasury Officer, The District Treasury Office, Nagercoil,

5. The Joint Director of Medical and Rural Health Services, At Nagercoil, Kanyakumari District.

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S.SRIMATHY, J ksa Order made in 17.03.2023 6/6