S.James v. The Chairman & Managing

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.17806 of 2018 and S.James ... Petitioner Vs 1.The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari mandamus directing the respondents herein to disburse the balance medical claim of Rs.6,88,979/- as per the scheme framed by the Secretariat Branch of TANGEDCO in (per) FB TANGEDCO proceedings No.22, dated 06.05.2013 and instructions issued by the Secretariat Branch of TANGEDCO in Memorandum (per) No.55785/A17/2016-a, dated 06.10.2016 within a reasonable time as may be fixed by this Court. For Petitioner : Mr.Thayumanaswamy For Respondents : Mr.S.Arivalagan 1/6

ORDER

The petitioner an employee of the TANGEDCO has undergone treatment for certain ailments and has made a claim of Rs.6,88,979/- as per the medical scheme provided by the TANGEDCO. 2.When this writ petition has been taken up for hearing, the learned Counsel appearing for the respondent board submits that based on the petitioner's claim a part of Rs.3,24,000/- was paid to the petitioner on 18.04.2018. He further submits that if the petitioner furnishes the necessary documents required by the respondents, his claim for the balance sum would be considered.

3.Considering this submission of the learned Counsel for the respondents, this Court directed the learned Counsel for the petitioner to get instructions from the petitioner. However the learned Counsel for the petitioner submits that despite his best efforts, he could not contact the petitioner and get instructions as to the possibility of producing the documents as sought for by the respondent board. 2/6

4.This Court considered the rival submissions and perused the materials placed on record.

5.The petitioner has made a medical claim of Rs.6,88,979/-. The respondent Board filed a counter affidavit claiming that part amount has already been paid and paying of the balance amount would also be considered, provided, if the petitioner produces certain documents. The documents as mentioned in the counter affidavit are as follows: "1.Discharge summary in original (computerised) along with hospital seal and signature for the petitioner from 15.04.2017 to 31.05.2017, since the treatment certificate of Ananthapuri hospital, Thiruvananthapuram has only been attached.

2.MD India authorisation letter of an amount of Rs.4,78, 797.08 since authorisation has been furnished only for Rs.3,24,000/-.

3.Reason for having admitted and taken treatment at Kerala, ie, outside the State of Tamil Nadu. 4.The First Information Report.

5.The Hospital Main bill in original (computerised) along with hospital seal and signature. 6.Revenue Stamp in hospital main bill 7.Paid by me endorsement on the back side of all 3/6

the bills / receipts by the employee.

8.Split up bills for lab and pharmacy in original along with hospital / pharmacy seal.

9.If not utilised the NHIS card, reason may be explained."

6.This Court with a view to provide an opportunity to the petitioner to provide the documents as sought for by the respondent Board has given sufficient time, but the petitioner has not responded to the counsel. Therefore, this writ petition is disposed of with a direction to the petitioner to produce the documents as sought for by the respondent board to the 2nd respondent within a period of three months from the date of receipt of a copy of this order. If such documents are furnished by the petitioner, the 2nd respondent shall verify the same and eligible amount for the medical expenses incurred by the petitioner shall be settled to the petitioner within a period of twelve weeks from thereon. No costs. 18.12.2024 DSK 4/6

To 1.The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

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B.PUGALENDHI.J., DSK 18.12.2024 6/6