E.David v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.21166 of 2023 E.David ... Petitioner Vs.
1. The Secretary to Government, (Finance and Pension Department), Secretariat, Fort. St. George, Chennai.
2. The Commissioner of Treasuries and Accounts, Integrated Office Complex For Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai-600035.
3. The United India Insurance Company Limited, Rep. by its Divisional Manager, 1/8
Divisional Office VI, 5th Floor, P.L.A.Rathana Towers, No.212, Anna Salai, Chennai-6.
4. District Level Committee, Rep. by District Collector, Nagercoil, Kanyakumari District.
5. The Sub Treasury Officer, The Sub Treasury Office, Vilavancode, Kanyakumari District.
..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse Rs.1,52,734/- spent by the petitioner for the treatment underwent by him.
For Petitioner : Mr.SC.Herold Singh For Respondents : Mr.J.Ashok Additional Government Pleader for R1, R2, R4 &R5 2/8
: Mr.C.Karthik for R3
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct respondents to disburse Rs.1,52,734/- spent by the petitioner for the treatment underwent by him.
2. Heard Mr.SC.Herold Singh, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1,2,4 &5 and Mr.C.Karthik, learned counsel appearing for the 3rd respondent.
3. The petitioner herein had given representation to the respondents on 26.06.2023 seeking for medical reimbursement under New Health Insurance Scheme. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.
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4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's 4/8
representation dated 26.06.2023 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. No costs.
05.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To
1. The Secretary to Government, (Finance and Pension Department), Secretariat, 5/8
Fort. St. George, Chennai.
2. The Commissioner of Treasuries and Accounts, Integrated Office Complex For Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai-600035.
3. The Divisional Manager, The United India Insurance Company Limited, Divisional Office VI, 5th Floor, P.L.A.Rathana Towers, No.212, Anna Salai, Chennai-6.
4. The District Collector, District Level Committee, Nagercoil, Kanyakumari District.
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5. The Sub Treasury Officer, The Sub Treasury Office, Vilavancode, Kanyakumari District.
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R.N.MANJULA , J.
PJL Order made in W.P.(MD)No.21166 of 2023 Dated:
05.06.2024 8/8