Lakshmi. As v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.S.Lakshmi ... Petitioner Vs.
1.The Additional Chief Secretary to Government, Finance (Health Insurance) Department, Secretariat, Chennai-600 009.
2.The Commissioner of Treasuries and Accounts, 3rd Floor, Anbazhagan Maaligai, 571, Anna Salai, Nandanam, Chennai-600 035.
3.The Treasury Officer, District Treasury, Thoothukudi.
4.The Manager, United India Insurance Company Limited, Regional Office, 5th Floor, PLA Rathna Tower, 212 Anna Salai, Chennai.
... Respondents (R4 is suo motu impleaded vide Court order, dated 09.11.2023) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st 1/5
and 2nd respondents to pass appropriate orders for making payment of the medical reimbursement amount to the petitioner as per G.O.Ms.No.204 Finance Department, dated 30.06.2022, within a specified time frame, that may be fixed by this Court.
For Petitioners : Mr.S.Visvalingam For R1 - R3 : Mr.R.Suresh Kumar Additional Government Pleader For R4 : Mr.A.Shajahan Standing Counsel
ORDER
The present writ petition has been filed by a retired employee seeking reimbursement of the medical expenses incurred towards her husband.
2. A perusal of the discharge summary reveals the following: "Diagnosis Mild Acute Pancreatitis-Likely Secondary to Gallstones Paralytic Heus / Pseudo-obstruction Chronic Kidney Disease Early Parkinson's Disease Systemic Hypertension/Type 2 Diabetes Mellitus" 2/5
3. According to the learned Standing Counsel appearing for the 4th respondent Paralytic Heus / Pseudo-obstruction and Early Parkinson's Disease are not covered under the Health Insurance Scheme. For the other treatments taken by the petitioner's husband, they have already released the eligible claim amount of Rs.1,89,936/- (Rupees One Lakh Eighty Nine Thousand Nine Hundred and Thirty Six only) to the writ petitioner. According to the learned counsel appearing for the insurance company, since these 2 diseases are not covered under the insurance policy, the same has to be considered under the Medical Attendance Rules by the respondents 1 and 2.
4. The petitioner herein has addressed a communication to the respondents 1 to 3 on 26.09.2023 seeking benefits under the Medical Attendance Rules. The 1st respondent has to consider the said request in consultation with the 2nd respondent herein. Therefore, the 1st respondent is directed to consider the said request under the Medical Attendance Rules and pass orders after giving due opportunity to the writ petitioner. The said exercise shall be completed within a period of four (4) months from the date of receipt of copy of this order. 3/5
5. With the above said observations, this Writ Petition stands disposed of. No costs.
19.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg To 1.The Additional Chief Secretary to Government, Finance (Health Insurance) Department, Secretariat, Chennai-600 009.
2.The Commissioner of Treasuries and Accounts, 3rd Floor, Anbazhagan Maaligai, 571, Anna Salai, Nandanam, Chennai-600 035.
3.The Treasury Officer, District Treasury, Thoothukudi.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
19.12.2023 5/5