Pandiyan (Rtd Inspector) v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24585 of 2023 Pandiyan (Retired Inspector)
...Petitioner
Vs.
1. The District Collector, Madurai District, Maudrai.
2. The District Treasury Officer, Collectorate, Madurai.
3. The United India Insurance Company, Represented by its Divisional Manager, No.52, South Masi Street, Madurai - 625 001.
4. The Joint Director, The Medical and Rural Health Services Department, Usilampatti, Madurai District.
5. The Administrative Officer, Apollo Hospital, K.K.Nagar, Madurai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the fourth respondent in Na.Ka.No.3581/fKf;fk;/2023, dated 30.08.2023 and quash the same as illegal and consequently direct the respondents 1 to 4 to sanction the medical reimbursement amount of Rs.10,35,000/- (Rupees Ten Lakh and Thirty Five Thousand only) to the petitioner.
For Petitioner : Mr.A.Rajaram For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1, R2 and R4 : Mr.I.Suthakaran Standing Counsel - for R3
O R D E R
The present Writ Petition has been filed seeking to quash the order passed by the fourth respondent herein, wherein, the request of the writ petitioner for medical reimbursement under the New Health Insurance Scheme - 2018 for pensioner, has been rejected.
2. A perusal of the impugned order, dated 30.08.2023 reveals that it is a just communication by the fourth respondent to the writ petitioner after extracting the information, he received from the Insurance Company. 2/6
Therefore, the petitioner is not entitled to challenge such a communication.
3. A perusal of the order of repudiation of the Insurance Company, dated 18.07.2023 reveals that since the maximum amount has already been paid for their cashless treatment, the claim of the petitioner cannot be considered further.
4. The learned counsel appearing for the Insurance Company brought to the notice of this Court that the petitioner's wife had undergone treatment during the period between 01.07.2018 and 30.06.2022 and therefore, the medical expenses are covered under G.O.(Ms)No.222, Finance (Pension) Department, dated 30.06.2018. As per the said Government Order, Maximum amount of Rs.4,00,000/- (Rupees Four Lakhs only) per Pensioner (including spouse)/ Family Pensioners for a block of four years from 01.07.2018 to 30.06.2022 alone can be reimbursed.
5. Admittedly, in the present case, the third respondent/Insurance Company has reimbursed to an extent of Rs.4,00,000/- (Rupees Four Lakhs only) and the petitioner has already exhausted the said amount. 3/6
6. However, the learned counsel appearing for the petitioner brought to the attention of this Court to G.O.(Ms)No.204, Finance (Pension) Department, dated 30.06.2022, wherein, the maximum limit has been enhanced to a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). A perusal of the said Government Orders reveals that it operates for the period between 01.07.2022 to 30.06.2026. The petitioner's wife having received treatment between 01.07.2018 and 30.06.2022, he is not eligible to claim any benefits under G.O.(Ms)No.204, dated 30.06.2022.
7. In view of the above said facts, this Court does not find any reason to interfere in the order and there is no merit in this writ petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. 13.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6
To
1. The District Collector, Madurai District, Maudrai.
2. The District Treasury Officer, Collectorate, Madurai.
3. The United India Insurance Company, Represented by its Divisional Manager, No.52, South Masi Street, Madurai - 625 001.
4. The Joint Director, The Medical and Rural Health Services Department, Usilampatti, Madurai District.
5. The Administrative Officer, Apollo Hospital, K.K.Nagar, Madurai.
5/6
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.24585 of 2023 13.10.2023 6/6