Balasubramaniyan. A v. The Joint Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. (MD) No.20305 of 2021 A.Balasubramaniyan ... Petitioner Vs.

1. The Joint Director, Office of the Medical and Rural, Welfare Works Department, Madurai @ Usilampatty, Usilampatty (Post), Madurai District.

2. The Chief Accounts Officer, Office of the Directorate of Medical, and Rural Welfare Works Department, DMS, Teynampettai, Chennai - 600 006.

3. The Commissioner, Greater Chennai Corporation, Chennai.

4. The Section Officer, Pension Accounts Section, Greater Chennai Corporation, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to disburse the medical reimbursement amount of Rs.1,18,680/- together with interest at the rate of 12% per annum payable, in one installment to the petitioner as per the representation dated 03.09.2021, within a stipulated time frame as fixed by this Court from the date of submission of application to the second respondent on 08.06.2020 to till the date of actual payment.

For Petitioner :

Mr.K.Thirugananasambandan For Respondents :

Mr.M.Ramesh

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to disburse the medical reimbursement amount for a sum of Rs.1,18,680/-.

2. The petitioner is a pensioner and the member of the Health Insurance Scheme. The petitioner underwent certain treatment and submitted an application for medical reimbursement.

3. The learned counsel appearing for the petitioner made a submission that the respondents sanctioned a sum of Rs.58,000/- towards medical reimbursement. However, the petitioner incurred the expenditure of Rs.1,18,680/-.

4. The eligibility of the member of the scheme for medical reimbursement is to be considered by the Competent Authority. The actual medical expenditure may differ from the eligibility. In view of the fact that, the petitioner is eligible for Rs.58,000/-, the authorities have settled the same. However, the actual expenditure cannot be considered as it may vary and depending upon the hospitals and other factors. Therefore, under the scheme, the eligibility for medical reimbursement has already been contemplated and as per the eligibility, the amount due to the petitioner had already been settled.

5. Under these circumstances, the petitioner cannot claim actual medical expenditure incurred which may not be considered. Thus, there is no infirmity as sought in respect of the decision taken by the Authorities and the claim of the writ petitioner as per his eligibility has been settled.

6. Accordingly, this Writ petition is dismissed. However, thee shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) vji

To

1. The Joint Director, Office of the Medical and Rural, Welfare Works Department, Madurai @ Usilampatty, Usilampatty (Post), Madurai District.

2. The Chief Accounts Officer, Office of the Directorate of Medical, and Rural Welfare Works Department, DMS, Teynampettai, Chennai - 600 006.

3. The Commissioner, Greater Chennai Corporation, Chennai.

4. The Section Officer, Pension Accounts Section, Greater Chennai Corporation, Chennai.

04.03.2022 MGJ(25.03.2022) 3P 5C