Dr.K.Mallika, W/O. Dravidamani v. The Director Of Treasuries

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2016 CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.7749 of 2016 Dr.K.Mallika ... Petitioner Vs.

1.The Director of Treasuries and Accounts, Panagal Maaligai, Saidapettai, Chennai - 600 015.

2.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli - 627 009.

3.The District Treasury Officer, Tirunelveli District, Kokkirakulam, Tirunelveli - 627 009.

4.The Joint Director of Medical Health Services, District Head Quarters Hospital, Tenkasi, Tirunelveli District - 627 811.

5.M/s.United India Insurance Company, Chennai - 6.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondent Nos.1 to 5 to approve the petitioner's claim of reimbursement of the petitioner's medical expenditure of Rs.2,00,000/-. For Petitioner : Mr.D.A.Prabakar For Respondents : Mr.R.Anandaraj Government Advocate ***

O R D E R

This Writ Petition has been filed seeking issuance of a Mandamus to direct the respondent Nos.1 to 5 to approve the

petitioner's claim of reimbursement of the petitioner's medical expenditure of Rs.2,00,000/-.

2.The petitioner, who retired as Joint Director of Medical Health Services, has come forward with this Writ Petition complaining non-payment of reimbursement of medical charges in spite of her representation dated 31.03.2016. 3.The learned Government Advocate appearing for the respondents would contend that since the disease, for which the petitioner has taken treatment, is not listed in the scheme, the amount incurred for such treatment has not been granted to the petitioner. It is further submitted that the claim of the petitioner has to be considered only by the committee consisting of the respondents 2, 3 and 4, namely District Level Committee and the claim of the petitioner will be considered based on the outcome of the decision to be taken by the said Committee. 4.

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 5.In view of the above submission of the learned Government Advocate and considering the nature of relief sought for by the petitioner, this Court directs the respondents 2, 3 and 4 to constitute the District Level Committee, consider the claim of the petitioner for reimbursement of the medical expenses incurred by her and thereafter pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Director of Treasuries and Accounts, Panagal Maaligai, Saidapettai, Chennai - 600 015.

2.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli - 627 009.

3.The District Treasury Officer, Tirunelveli District, Kokkirakulam, Tirunelveli - 627 009.

4.The Joint Director of Medical Health Services, District Head Quarters Hospital, Tenkasi, Tirunelveli District - 627 811.

5.M/s.United India Insurance Company, Chennai - 6. +1cc to M/s.D.A.Prabakar, Advocate in sR.No.22622/16 +1cc to Special Government Pleader in SR.No.23015/16 SDR/SKS-RR/SAR II/02.06.2016/3P/8C W.P.(MD)No.7749 of 2016 21.04.2016