V.Kalairajan v. The Director Of Medicine And Rural Welfare Services
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.21161 of 2023 V.Kalairajan ... Petitioner Vs.
1. The Director of Medicine & Rural Welfare Services, Office of the Director of Medicine and Rural Welfare Services, Chennai - 600 006.
2. The Chief Manager, United India Insurance Company Limited, Divisional Office VI, Rathna Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.
3. The Commissioner of Treasuries &Accounts, Integrated Office Complex For Finance Department, 1/8
3rd Floor, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-600 035.
4. The District Treasury Officer, District Treasury Office, Theni- 625 531.
...Respondents
[R3 and R4 are suo motu Impleaded Vide Court Order Dated 30/08/2023 by LVGJ] Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent dated 25.10.2022 and the consequential impugned order of the 1st respondent in O.Mu.No. 00027/KP1/1/2023 dated 15.06.2023, quash the same and consequently direct the respondents herein to reimburse the medical claim of Rs.1,14,000/- (One lakh fourteen thousand only) together with interest at the rate of 7.5 % per annum. 2/8
For Petitioner : Mr.K.Appudurai For Respondents : Mr.N.Ramesh Arumugam Government Advocate for R1 : Mr.C.Karthick for R2
ORDER
The present writ petition has been filed seeking a Writ of Certiorarified Mandamus challenging the proceedings of the 2nd respondent dated 25.10.2022 and the consequential impugned order of the 1st respondent in O.Mu.No.00027/KP1/1/2023 dated 15.06.2023 and for a consequential direction to the respondents herein to reimburse the medical claim of Rs.1,14,000/- (One lakh fourteen thousand only) together with interest at the rate of 7.5 % per annum.
2. Heard Mr.K.Appudurai, learned counsel for the petitioner, Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the 1st respondent and Mr.C.Karthick, learned 3/8
counsel appearing for the 2nd respondent.
3. The petitioner has made a claim for medical reimbursement under the NHIS scheme to the tune of Rs.1,14,000for the treatment undertaken by the petitioner as inpatient at ARISTO Speciality Hospital, Madurai, from 03.06.2021 to 14.06.2021. The claim of the petitioner was rejected by the State Level Empowering Committee for the reason that the hospital in which the petitioner had taken treatment is a non-network hospital and it is a non emergency treatment and hence it is not covered under the scheme.
4. Mr.N.Ramesh Arumugam, learned Government Advocate for the first respondent, on instructions, submitted that the petitioner can make his further appeal before the High Level Empowering Committee, if he is aggrieved by the order of the State Level Empowering Committee dated 15.06.2023.
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5. With the above observation, this writ petition is disposed of with liberty to the petitioner to file an appeal before the High Level Empowering Committee and work out his remedy. No Costs.
05.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To
1. The Director of Medicine & Rural Welfare Services, Office of the Director of Medicine and Rural Welfare Services, Chennai - 600 006.
2. The Chief Manager, United India Insurance Company Limited, Divisional Office VI, Rathna Towers, 5th Floor, No.212, Anna Salai, Chennai - 600 006.
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3. The Commissioner of Treasuries &Accounts, Integrated Office Complex For Finance Department, 3rd Floor, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-600 035.
4. The District Treasury Officer, District Treasury Office, Theni- 625 531.
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R.N.MANJULA , J.
PJL Order made in W.P.(MD)No.21161 of 2023 Dated:
05.06.2024 8/8