Deepa v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.25171 of 2022 Deepa ... Petitioner Vs.

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Block Education Officer, Tirunelveli District.

3.The Joint Director, Health Services, Thenkasi, Thenkasi District - 627 811.

4.The Commissioner of Treasuriesand Accounts, 3rd Floor, Integrated Office Complex For Finance Department, No.571, Annasalai, Nanthanam, Chennai - 35.

5.The Divisional Manager, United India Insurance Company Ltd., Divisional Office VI, 5th Floor, PLA Rathana Tower, 212, Annasalai, Chennai - 6.

6.The Head Master, Corporation Primary School, Hameempuram, 1/4

Tirunelveli, Tirunelveli 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 provide the medical reimbursement to the tune of Rs.7,15,881/- (Rupees Seven Lakhs Fifteen Thousand Eight Hundred Eighty One only) along with interest to the petitioner at the earliest within the time period stipulated by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.R.Surehkumar, Addl. Govt. Pleader for R1 to R4 & R6.

Mr.A.Shajahan, Standing Counsel for R5.

ORDER

Heard the learned counsel on either side.

2.The petitioner and her husband were afflicted with Covid-19 in August 2020. They had taken treatment in Sudharshan Platinum Hospital, Vannarpettai, Palayamkottai, Tirunelveli District. They applied for reimbursement. The request was rejected on the ground that the treatment taken in a network hospital cannot be considered under the critical category. Subsequently, the 2/4

Government took a policy decision to consider Covid-19 treatment also under the eligible category. Even if treatment is taken in an non-network hospital, it is also entitled for reimbursement.

3.However, in the present case, it appears that the fifth respondent was not furnished with the receipt issued by the hospital. The learned counsel for the petitioner on the other hand would claim that the original receipt was submitted along with her application before the sixth respondent. Be that as it may, the petitioner is permitted to submit a fresh application along with a photocopy of the cash receipt. The fifth respondent is directed to accept the photocopy of the cash receipt and settle the eligible amount to the writ petitioner. This shall be done within a period of four weeks after the fresh application along with photocopy of the cash receipt is received by the fifth respondent.

4.The writ petition is allowed on these terms. No costs. 07.11.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Block Education Officer, Tirunelveli District.

3.The Joint Director, Health Services, Thenkasi, Thenkasi District - 627 811.

4.The Commissioner of Treasuriesand Accounts, 3rd Floor, Integrated Office Complex For Finance Department, No.571, Annasalai, Nanthanam, Chennai - 35.

5.The Head Master, Corporation Primary School, Hameempuram, Tirunelveli, Tirunelveli District.

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