Sahaya Arputhamary.S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Sahaya Arputhamary ... Petitioner Vs.

1.The Commissioner, Treasuries and Accounts, 3rd Floor, Integrated Office Complex, Finance Department, No.571, Anna Salai, Nandanam, Channei-600 035.

2.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the orders passed by the 1st respondent in his proceedings in RC.No.22071/NHIS-1/2021, dated 11.02.2022 and Rc.No.25008/NHIS-1/2021, dated 11.03.2022 and quash the same and direct the respondents to sanction the amount of Rs.3,96,525/-. 1/5

For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.R.Suresh Kumar Additional Government Pleader For R2 : Mr.I.Robert Chandrakumar

ORDER

The present writ petition has been filed by a Government Employee seeking medical reimbursement for the treatment undertaken by him for Covid-19.

2. The petitioner's claim was rejected by the 1st respondent herein vide orders, dated 11.02.2022 and 11.03.2022 on the ground that the petitioner's treatment is in a non-critical, non-network hospital.

3. The Government of Tamil Nadu has issued G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022, wherein the State of Tamil Nadu after sanctioning corpus fund, has directed the insurance company to consider the claim, even if it has arisen out of nonnetwork non-critical care. 2/5

4. In view of the subsequent events, the orders impugned in the writ petition, dated 11.02.2022 and 11.03.2022 are set aside and the matter is remitted back to the file of the 1st respondent. The 1st respondent is directed to forward the papers to the 2nd respondent herein to consider the same in the light of G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022. On receipt of the file from the 1st respondent, the 2nd respondent is directed to consider the same in the light of G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022 within a period of six (6) weeks from the date of the files from the 1st respondent.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The Commissioner, Treasuries and Accounts, 3rd Floor, Integrated Office Complex, Finance Department, No.571, Anna Salai, Nandanam, Channei-600 035.

2.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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