K. Venugopalan Nair v. The Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.22327 of 2019 K.Venugopalan Nair ... Petitioner Vs.
1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 9.
2.The Director of Pension, 259, Anna Salai, III Block, II Floor, Chennai - 6.
3.The Assistant Treasury Officer, Sub Treasury Office, Thakkalai, Kanniyakumari District.
4.The District Level Empowered Committee, headed by District Collector, Nagercoil.
5.The State Level Empowered Committee, headed by the Director of Medical and Rural Health Services, Chennai - 6.
6.The Managing Director, Indian Health Care Services (TPA) Private Ltd., (United India Insurance Company Ltd.,) No.27, Lakshmi Towers 3rd Floor, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.
7.The High Level Empowered Committee headed by Additional Chief Secretary to Government, Finance Department, Secretariat, Chennai - 4.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, Calling for 1/3
records of the 4th and 5th Respondents and quash the same and consequently direct the respondents 1 to 3 and 6 and 7 to make payment of eligible amount of Medical reimbursement bills to the petitioner with interest at the rate of 9 percent per annum from the date of payment made by the petitioner, within specified time frame that may be fixed by this Court.
For Petitioner : Mr.M.Jeyaraman For Respondents : Mr.A.Muthukaruppan for RR1 to 5 & 7 Additional Government Pleader Mr.A.Shajahan for R6
O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2.The petitioner herein is a retired employee of the Stationary and Print Department under the Government of Tamil Nadu and a member of the Health Insurance Scheme. In connection with the medical ailment, he claims to have taken a treatment with an expenditure of Rs.80,000/- and his claim for medical reimbursement came to be rejected by both the District Level Empowered Committee and the State Level Empowered Committee on 22.01.2018 and 03.01.2019 respectively. As against the same, the petitioner claims to have filed an appeal before the High Level Empowered Committee on 20.02.2019, where the same is said to be pending. 3.
The learned counsel for the petitioner would submit that he would be satisfied if a direction is issued to the High Level Committee, who is the seventh respondent herein, to complete the appeal, within a stipulated time. The submission of the petitioner seems to be reasonable. Furthermore, it would not be appropriate for this Court to simultaneously adjudicate the prayer in the present writ petition, which is the subject matter of the appeal before the seventh respondent.
4.In the light of the above observations, there shall be a direction to the seventh respondent to complete the appeal filed by the petitioner on 20.02.2019 as expeditiously as possible, in any event, within a period of three months from the date of receipt of of a copy of this order.
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5.This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TM To 1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 9.
2.The Director of Pension, 259, Anna Salai, III Block, II Floor, Chennai - 6.
3.The Assistant Treasury Officer, Sub Treasury Office, Thakkalai, Kanniyakumari District.
4.The District Level Empowered Committee, headed by District Collector, Nagercoil.
5.The State Level Empowered Committee, headed by the Director of Medical and Rural Health Services, Chennai - 6. 6.The Managing Director, Indian Health Care Services (TPA) Private Ltd., (United India Insurance Company Ltd.,) No.27, Lakshmi Towers 3rd Floor, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.
7.The High Level Empowered Committee headed by Additional Chief Secretary to Government, Finance Department, Secretariat, Chennai - 4. +1 CC to M/s.A.SHAJAHAN, Advocate ( SR-13048[F] dated 23/03/2021 ) 23.03.2021 GS (23.04.2021) 3P 9C 3/3