Victoria Annal Packiyam v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26987 of 2022 Victoria Annal Packiyam .. Petitioner Vs.
1.The Secretary, Government of Tamil Nadu, Finance Department, St. George Fort, Chennai - 600 009.
2.The Commissioner, Treasury and Accounts Department, Amma Complex 3rd Floor, Nandanam, Anna Salai, Chennai - 600 035.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The District Treasury Officer, District Treasury Office, Tirunelveli.
5.The Assistant Treasury Officer, District Treasury Office, V.K.Pudur, Tenkasi District.
6.The Senior Divisional Manager, United India Insurance Company, Divisional Office - VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai - 600 006.
.. Respondents 1/6
Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in Rc.No.22071/NHIS-1/2021 (Serial-11) dated 08.02.2021 passed by the 2nd respondent and quash the same as illegal and consequently directing the respondents to provide medical reimbursement Rs.3,13,330/- (Rupees Three Lakhs Thirteen Thousand Three Hundred Thirty Only) to the petitioner towards the medical expenses incurred for the treatment of covid-19 as per G.O(Ms) No.165 Finance (Health Insurance) Department dated 01.06.2022.
For Petitioner : Mr.T.Indrachithu For Respondents : Mr.D.Sadiq Raja (R1 to R5) Additional Government Pleader Mr.C.Karthick (R6)
ORDER
This Writ Petition has been filed challenging the order of the second respondent passed in Rc.No.22071/NHIS-1/2021 (Serial-11) dated 08.02.2021 and seeking for medical reimbursement of Rs.3,13,330/- (Rupees Three Lakhs Thirteen Thousand Three Hundred Thirty Only) to the petitioner towards the medical expenses incurred for the treatment of covid-19, as per G.O(Ms) No. 165, Finance (Health Insurance) Department dated 01.06.2022.
2. Heard Mr.T.Indrachithu, learned counsel for the petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the 2/6
respondents 1 to 5 and Mr.C.Karthick, learned counsel appearing for the sixth respondent. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Through the impugned order dated 08.02.2021, the petitioner's claim for medical reimbursement for the expenses incurred for testing positive for Covid-19 Virus, was rejected by the 2nd respondent herein on the ground that treatment was non-critical in nature and the treatment was taken in a nonnetwork hospital.
4. At that time, when the impugned order was passed, there was no regulation, facilitating the claim for reimbursement for COVID-19 positive cases. However, subsequently, the Government, in G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022, had accepted the proposals of the Commissioner of Treasuries and Accounts for reimbursement of expenses incurred for COVID-19 cases. The relevant portion of the aforesaid Government Order is extracted hereunder:
"8. The Government after careful examination of the proposal of Commissioner of Treasuries and Accounts, have decided to accept the same and accordingly issue the following orders:- 3/6
(i) Sanction is accorded for an adhoc amount of Rs.10.00 crore (Rupees ten crore only) to clear the claims of the eligible expenses incurred by the Government Employees and their eligible family members and Pensioners (including spouse) / Family Pensioners under Non-Critical COVID care treatment undertaken in Non-Network hospitals by creating two Corpus Funds one for Rs.6.00 crore [Rupees six crore only) for Pensioners (including spouse) / Family Pensioners and Rs.4.00 crore [Rupees four crore only] for Government Employees and their eligible family members considering the welfare of the Employees/ Pensioners. There shall be no change in the existing modalities followed in respect of reimbursement claims settled by United India Insurance Company Limited from the funds released by Government under these Corpus Fund.
(ii) Government Employees/Pensioners who have already taken treatment for Non-Critical COVID care in Non-empanelled Hospitals from 01.03.2020 till date are directed to submit their claims for to reimbursements by applying to the Commissioner of Treasuries and Accounts, Chennai. The Commissioner of Treasuries and Accounts shall forward the applications along with documents to the United India Insurance Company Limited to reimburse the eligible amount from the Corpus Fund provided by the Government as is followed as per the G.Os first and second read above without reference to the District Level Empowered Committee."
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5. Since the Government Order was not in existence when the impugned order was passed, the order cannot be strictly found fault with. However, in view of the subsequent passing of the Government Order in G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022, the petitioner would be entitled for reimbursement of the medical expenses incurred by him in this regard. Through the present impugned order, the application was returned to the petitioner herein by the second respondent.
6. Accordingly, the petitioner is at liberty to re-submit her application to the second respondent herein and on receipt of such application, the second respondent shall scrutinize and forward the same to the sixth respondent and accordingly, reimburse the eligible amount incurred by the petitioner, in accordance with G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022, within a period of four (4) weeks from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition stands allowed. There shall be no order as to costs.
30.11.2022 Index : Yes/No Internet : Yes/No 5/6
V.BHAVANI SUBBAROYAN, J.
ta To 1.The Secretary, Government of Tamil Nadu, Finance Department, St. George Fort, Chennai - 600 009.
2.The Commissioner, Treasury and Accounts Department, Amma Complex 3rd Floor, Nandanam, Anna Salai, Chennai - 600 035.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The District Treasury Officer, District Treasury Office, Tirunelveli.
5.The Assistant Treasury Officer, District Treasury Office, V.K.Pudur, Tenkasi District. W.P.(MD) No.26987 of 2022 30.11.2022 6/6