Kumar.M v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/06/2024

CORAM

THE HON'BLE MS. JUSTICE R.N.MANJULA M.Kumar ... Petitioner Vs 1.The Secretary Government of Tamilnadu Finance Department St. George Fort, Chennai 600 009.

2.The Commissioner Treasury and Accounts Department Amma Complex 3rd Floor Nandanam, Anna Salai Chennai 600 035.

3.The District Collector District Level Empowered Committee Collectorate Madurai 4.The Joint Director of Medical and Rural Health Services, Madurai at Usilampatti Villani Salai, District TB Centre Usilampatti, Madurai 1/5

5.The Executive Engineer No.2 Inspector Quarters New Natham Road TSP VI Bn Campus Madurai 14 6.The Senior Divisional Manager, United India Insurance Company Divisional Office VI 5th Floor, PLA Rathna Tower 212 Anna Salai Chennai.

... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus to direct the 2nd respondent to consider the proposal forwarded by the 5th respondent in Lr.No.A1/0001/2021 dated 18.08.2021 and to provide medical reimbursement of Rs.95,800/- (Rupees ninety five thousand eight hundred only) to the petitioner towards the medical expenses incurred for the surgery conducted to his wife namely Umamaheswari. For Petitioner : M/s.P.Balamurugan For Respondents : Mr.J.Ashok for R1 to R5 Additional Government Pleader Mr.A.Shajahan for R6

ORDER

The petitioner has filed this writ petition for a mandamus to direct the 2nd respondent to consider the proposal forwarded by the 5th respondent dated 18.08.2021 and to provide medical reimbursement to the petitioner.

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2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 5 and the learned standing counsel for the 6th respondent.

3. The learned counsel for the petitioner submitted that the petitioner is a beneficiary under the NHIS and for the surgery of the petitioner's wife at Meenakshi Mission Hospital, the petitioner spent a sum of Rs.95,800/-. When the petitioner has sought medical reimbursement on 12.06.2020 from the respondents, the same has not been considered and hence, the petitioner is before this court.

4. As per the submission of the learned counsel for the petitioner, it is learnt that District Level Empowering Committee has rejected the claim of the petitioner and the petitioner has been sanctioned with a sum of Rs.3,805/- under the Tamil Nadu Medical Attendance Rules. Despite the petitioner has got an appeal remedy before the State Level Empowering Committee, the petitioner has filed this writ petition without invoking the same.

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5. In view of the above, this writ petition is disposed of with liberty to the petitioner to prefer an appeal to the State Level Empowering Committee within four weeks from the date of receipt of a copy of this order. On receipt of the same, the State Level Empowering Committee shall dispose of the said appeal within a period of four weeks thereafter. No costs.

04.06.2024 RR TO

1. Additional Chief Secretary to Government, Department of Finance, Fort St.George, Chennai 9.

2. The Commissioner of Treasuries, and Accounts / Joint Director, Department of Treasuries and Accounts, 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chenna.

3. The District Level Empowered, Committee, Rep by the District Collector, Pudukkottai District.

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R.N.MANJULA,J RR

ORDER

IN WP(MD) No.22696 of 2022 Date : 04/06/2024 5/5