Soundara Sekari .R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR R.Soundarasekari ... Petitioner Vs.

1.The Commissioner, Treasuries and Accounts, 3rd Floor, Integrated Office Complex, Finance Department, No.571, Anna Salai, Nandanam, Channei-600 035.

2.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the orders passed by the 1st respondent in his proceedings in RC.No.23549/NHIS-3/2021, dated 30.12.2021 and quash the same in so far as the petitioner is concerned and direct the respondents to settle the amount of Rs.4,26,287/-. 1/5

For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.R.Suresh Kumar Additional Government Pleader For R2 : Mr.Shajahan

ORDER

The present writ petition has been filed by a Pensioner seeking medical reimbursement for the treatment undertaken by him for Covid-19.

2. The petitioner's claim was rejected by the 1st respondent herein vide order, dated 30.12.2021 on the ground that the petitioner's treatment is in a non-critical, non-network hospital.

3. The Government of Tamil Nadu has issued G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022, wherein the State of Tamil Nadu after sanctioning corpus fund, has directed the insurance company to consider the claim, even if it has arisen out of nonnetwork non-critical care. 2/5

4. In view of the subsequent events, the order impugned in the writ petition is set aside. The 1st respondent has already forwarded the entire papers to the insurance company vide his proceedings, dated 18.07.2022 referring to G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022.

5. In view of the above said facts, the order impugned in the writ petition is set aside and the 2nd respondent is directed to consider the proposal forwarded by the 1st respondent, dated 18.07.2022 in the light of G.O.Ms.No.165 Finance (Health Insurance) Department, dated 01.06.2022 and pass orders within a period of six (6) weeks from the date of receipt of copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No 3/5

gbg To 1.The Commissioner, Treasuries and Accounts, 3rd Floor, Integrated Office Complex, Finance Department, No.571, Anna Salai, Nandanam, Channei-600 035.

2.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathna Tower, 212, Anna Salai, Chennai-6.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

21.12.2023 5/5