Angel Gnanaselvi.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Angel Gnanaselvi.A, ... Petitioner Vs

1. The District Collector, Thoothukudi District, Thoothukudi..

2. The Joint Director / District, Social Welfare Officer,, Welfare Schemes, Thoothukudi..

3. The District Treasury Officer, Collectorate Complex, Thoothukudi.

... 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.4,00,208/- which was incurred for petitioner's medical treatment (Corona Virus (Covid-19) under the New Health Insurance Scheme (NHIS) in accordance with the Government order in G.O.Ms.No.142, Finance (Health Insurance) Department dated 24.05.2022 by considering petitioners representations dated 06.07.2021 and 10.10.2022.

1/5

For Petitioner : M/s Balakrishnan.R, For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

This writ petition has been filed for a direction to the respondents to disburse Rs.4,00,208/-, which was incurred for petitioner's medical treatment (Corona Virus (Covid-19) under the New Health Insurance Scheme (NHIS) in accordance with the Government order in G.O.Ms.No. 142, Finance (Health Insurance) Department dated 24.05.2022 by considering petitioner's representations dated 06.07.2021 and 10.10.2022.

2. The petitioner, who is a retired State Government employee, is the beneficiary under the NHIS. She took treatment for COVID-19 by incurring a sum of Rs.4,00,208/- at Muthamil Hospital, Palayamkottai. The petitioner's claim is that as per G.O.Ms.No.142 dated 24.05.2022, she is entitled to claim for treatment undergone for COVID-19 also. Hence, she preferred a representations dated 06.07.2021 and 10.10.2021 to the respondents. When the petitioner approached the respondents for medical reimbursement, the same has not been considered. 2/5

Therefore, the petitioner is before this court.

3. Heard the learned counsel for the petitioner & the learned Additional Government Pleader for the respondents 1 to 3.

4. It is stated that the petitioner is not entitled for reimbursement for the reason that the treatment was taken at non networking hospital; the treatment is not an emergent one and the line of treatment is not covered under the scheme. The petitioner has approached only the respondents and the petitioner has got an appeal remedy before the District Level Committee.

5. Without resorting to the appeal course of action, the petitioner has directly filed this writ petition and hence, the writ petition is not maintainable. However, the petitioner is at liberty to file an appeal remedy before the District Level Empowering Committee within a period of two weeks from the date of receipt of a copy of this order and work out his remedy.

3/5

5. With the above direction, the writ petition is disposed of. No costs.

04.06.2024 NCC :

YES/NO INDEX :

YES/NO RR TO

1. The District Collector, Thoothukudi District, Thoothukudi..

2. The Joint Director / District, Social Welfare Officer,, Welfare Schemes, Thoothukudi..

3. The District Treasury Officer, Collectorate Complex, Thoothukudi..

4/5

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.24721 of 2022 Date : 04/06/2024 5/5