E.Muthu v. Principal Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE E.Muthu ... Petitioner -vs1.Principal Secretary to Government of Tamil Nadu Department of Finance (Pension) Secretariat, Chennai 2.Director Health and Rural Services Chennai 3.Director of Treasuries and Accounts Panagal Building 2nd Floor, Saidapet Chennai-15 4.The District Collector Pudukkottai District 5.The Treasury Officer District Treasury Office Pudukkottai
6.The Divisional Manager United India Insurance Company Limited Divisional Office-6 PLA Rathna Towers 5th Floor, 212, Anna Salai Chennai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the second respondent in O.Mu.No.60599/Kape1/3/2016 dated 08.06.2017 and quash the same as illegal and arbitrary and in consequence thereof direct the respondents to sanction and reimburse medical expenses of Rs.39,400/- (Rupees thirty nine thousand four hundred only) for Grade-II Prostatic enlargement with obstructive changes treatment undergone by the petitioner at Advanced Kidney Care Center, Fathima Hospital, along with 9% interest till the date of payment.
For Petitioner :
Mr.P.Ganapathi Subramanian For Respondents :
Mr.G.Suriya Ananth Additional Government Pleader for R1 to R5 Mr.A.Shajahan for R6
O R D E R
This writ petition has been filed challenging the order, dated 08.06.2017, passed by the second respondent, rejecting the petitioner's request for reimbursement of his medical expenses amounting to Rs.39,400/-.
2. Counter affidavits have been filed by the respondents.
3. Learned counsel for the petitioner drew the attention of this Court to Paragraph No.18 of the counter affidavit filed by the third respondent and would submit that the petitioner is willing to submit an application under the Tamil Nadu Medical Attendance Rules to the competent authority for reimbursement of his medical expenses amounting to Rs.39,400/-, which has been sought for in this writ petition.
4. Learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the sixth respondent have also not raised any serious objection, if the petitioner is allowed to submit an application as stated supra.
5. For the foregoing reasons, this writ petition is disposed of by granting liberty to the petitioner to submit an application under the Tamil Nadu Medical Attendance Rules to the competent authority for reimbursement of his medical expenses amounting to Rs.39,400/-, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the competent authority under the Tamil Nadu Medical Attendance Rules shall pass final orders on merits and in accordance with law. If the petitioner is found eligible to obtain medical reimbursement of his medical expenses amounting to Rs.39,400/-, the same shall be reimbursed to him within a period of six weeks thereafter.
6. With the above directions, this writ petition is disposed of. No costs.
27.08.2024 NCC :
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To:
1.The Principal Secretary to Government of Tamil Nadu, Department of Finance (Pension), Secretariat, Chennai.
2.The Director, Health and Rural Services, Chennai.
3.The Director of Treasuries and Accounts, Panagal Building, 2nd Floor, Saidapet, Chennai-15.
4.The District Collector, Pudukkottai District.
5.The Treasury Officer, District Treasury Office, Pudukkottai.
ABDUL QUDDHOSE, J.
krk 27.08.2024