Csi Bell Pins Indrani Chelladurai Mission Hospital v. Additional Commissioner And Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP.(MD).No.24533 of 2022 CSI Bell Pins Indrani Chelladurai Mission Hospital, Represented by its Medical Superintendent, CSI Tirunelveli Diocese, Tiruchendur Road, Palayamkottai, Tirunelveli District.

... Petitioner Vs.

1. Additional Commissioner & Regional Director, ESI Corporation, Panchdeep Bhawan, 143, Sterling Road, Chennai - 600 034.

2. State Medical Officer, ESI Corporation, Panchdeep Bhawan, 143, Sterling Road, Chennai - 600 034.

3. The Medical Superintendent, ESIC Hospital, Tirunelveli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the respondents to release the payment of claims towards the bill to the tune of around Rs. 1/6

24,38,477/- (Rupees Twenty Four Lakhs Thirty Eight Thousand Four Hundred and Seventy Seven only) along with interest into the account of the Petitioner Hospital in State Bank A/c.No.67086690610 by considering the petitioner's representation dated 16.07.2022 within the time frame as fixed by this Court.

For Petitioner : M/s.P.P.Alwin Balan For R1 to R3 : Mr.Pinagash

O R D E R

The relief sought in this writ petition is to issue a mandamus directing the respondents to release the medical claims towards the bills to the tune of Rs.24,38,477/- along with interest, into the account of the petitioner by considering their representation dated 16.07.2022, within a time frame to be fixed by this Court.

2.According to the petitioner, they entered into a MOU with the ESIC in the year 2013, for providing medical care services. As per the memorandum, the hospital was empaneled with the respondents for cashless treatment to the ESI beneficiaries, staff and pensioners. Accordingly, the petitioner hospital claims the medical bills from the third respondent by submitting a copy of the discharge slip along with discharge summary. While so, the patients who were recommended by 2/6

the third respondent in the years 2017 and 2018, were treated by the hospital, but the claims towards the bills to the tune of Rs.24,38,477/- remained unpaid. When the petitioner requested for the same, the third respondent through his communication dated 26.02.2020, directed the petitioner to obtain suitable orders from the court and the details of bank account, to which he should make the payment. In response, the petitioner hospital sent a detailed representation dated 16.07.2022 to the third respondent accompanied by the consolidated claim statement, the details of patients as per their references, the copy of the order in WP(MD)No.21134 of 2017 dated 05.08.2019 passed by this court. However, the third respondent through his letter dated 03.08.2022, misconstrued that the matter is subjudice and directed the petitioner hospital to obtain specific order from this court with respect to the payment of dues by the third respondent to the proper account. Therefore, the petitioner has no other option except to approach this court with the present writ petition.

3.Today, when the matter was taken up for consideration, the learned counsel appearing for the respondents submitted that the 3/6

petitioner may be directed to produce the relevant bills with regard to their claims, so as to consider the same for settlement by the respondent authorities.

4.The submission so made on the side of the respondents has been agreed by the learned counsel for the petitioner. 5.Considering the facts and circumstances of the case and having regard to the submissions so made by the learned counsel on either side, this court directs the petitioner to produce all the bills, with regard to their claims, within a period of four weeks from the date of receipt of a copy of this order. On such production, the respondents are directed to consider the same and settle the claim amounts, within a period of four weeks thereafter.

6.Accordingly, this writ petition stands disposed of. No costs. 20.07.2023 Index : Yes/No Internet : Yes/No av To

1. Additional Commissioner & Regional Director, ESI Corporation, 4/6

Panchdeep Bhawan, 143, Sterling Road, Chennai - 600 034.

2. State Medical Officer, ESI Corporation, Panchdeep Bhawan, 143, Sterling Road, Chennai - 600 034.

3. The Medical Superintendent, ESIC Hospital, Tirunelveli.

R.MAHADEVAN, J.

av 5/6

WP.(MD).No.24533 of 2022 20.07.2023 6/6