Panchabakesan.R.M v. The Secretary To The Govt Of Tami Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.06.2024

CORAM

THE HON'BLE Ms.JUSTICE R.N.MANJULA and WMP(MD). No.14426 of 2022 R.M.Panchabakesan ... Petitioner Vs

1. The Secretary to the Government Of Tami Nadu, Finance (Salaries Department), Secretariat, Fort St.

George, Chennai - 600 009.

2. The District Collector, District Level Empowered Committee (DLEC), Madurai District - 625 002..

3. The General Manager, United India Insurance Co. Ltd., Clingy Building, No.134, Creams Road, Chennai -600 006.

4. The Divisional Manager, United India Insurance Co.Ltd., Divisional Office, VI PLA Rathinam Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.

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5. The District Treasury Officer, Office at District Collector Campus, Madurai - 625 020.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the fourth respondent dated 06.12.2021 and also consequential impugned Letter issued by the fifth respondent in Na.Ka. No.2489/2021/M1, dated 12.01.2022 quash the same as illegal and unconstitutional and consequently directing the respondents to reimburse the petitioners medical claim of Rs.1,39,689/- as per the Medical Bills submitted by the petitioner on 23.02.2021 together with interest at 7.5 % per annum within the time stipulated by this Court and for other reliefs and quash the same as illegal. For Petitioner : Mr.J.Lawrance For R1, R2 & R5 : Mr.J.Ashok Additional Government Pleader For R3 & R4 : Mr.C.Karthik

ORDER

This writ petition has been filed challenging the order of the fourth respondent dated 06.12.2021 and also consequential impugned Letter issued by the fifth respondent in Na.Ka. No.2489/2021/M1, dated 2/5

12.01.2022 and consequently directing the respondents to reimburse the petitioners medical claim of Rs.1,39,689/- as per the Medical Bills submitted by the petitioner on 23.02.2021 together with interest at 7.5 % per annum within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1,2 and 5 and the learned counsel for the respondents 3 and 4.

3. It is seen that there is an efficacious and alternative remedy of filing an appeal available to the petitioner before the State Level Committee.

4. In view of the above, since the petitioner has come to this Court without exhausting the appeal remedy, the writ petition is disposed of with liberty to the petitioner to file an appeal before the State Level Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the State Level Committee comprised of the first respondent shall disburse the medical 3/5

reimbursement to the petitioner within a period of four weeks thereafter. No costs. Consequently connected Miscellaneous Petition is closed. 04.06.2024 NCC :

Yes/No Index :

Yes/No RR To

1. The Secretary to the Government Of Tami Nadu, Finance (Salaries Department), Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, District Level Empowered Committee (DLEC), Madurai District - 625 002..

3. The General Manager, United India Insurance Co. Ltd., Clingy Building, No.134, Creams Road, Chennai -600 006.

4. The Divisional Manager, United India Insurance Co.Ltd., Divisional Office, VI PLA Rathinam Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.

5. The District Treasury Officer, Office at District Collector Campus, Madurai - 625 020.

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R.N.MANJULA, J.

RR W.P.(MD)No.19781 of 2022 04.06.2024 5/5