Balakrishnan .V v. The Convener (Phf)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.31109 of 2023 and W.M.P(MD)No.26661 & 26663 of 2023 V.Balakrishnan ... Petitioner Vs.
1.The Convener (PHF) Secretary Cum General Manager, TWAD Board, Head Office, No.31, Kamarajar Salai, Chepauk, Chennai - 5.
2.The Superintending Engineer TWAD Board, MDT Circle, Madurai - 7.
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3.The Joint Director Medical and Rural Health Services, Villani Salai, Usilampatti, District TB Centre, Madurai - 625 532.
4.Senior Divisional Manager United India Insurance Company Limited, Divisional Office VI, No.212, Pala Rathna Towers, 5th Floor, Anna Salai, Chennai - 600 006.
5.The Branch Manager The United India Insurance Company Limited, (Opp.) Income Tax Office, Railway Feeder Road, Virudhunagar District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of 2/7
India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent Senior Divisional Manager in Ref.No.010600/ CRS25/240/MDI/2023 dated 23.08.2023 quash the same and further direct the respondents herein to reimburse the Medical Expenses to the tune of Rs.80,000/- to the petitioner towards the undergoing treatment for two months due to rupture of the membrane in his shoulder and admitted to Vale Hospital in Madurai.
For Petitioner : Mr.R.Murali For Respondents : Mr.J.Ashok - for R1 to R3 Additional Government Pleader Mr.C.Karthik - for R4 & R5
ORDER
The present writ petition has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the 3/7
impugned proceedings issued by the 4th respondent Senior Divisional Manager in Ref.No.010600/CRS25/240/MDI/2023 dated 23.08.2023 quash the same and further direct the respondents herein to reimburse the Medical Expenses to the tune of Rs.80,000/- incurred by the petitioner for undergoing treatment for two months due to rupture of the membrane in his shoulder as an inpatient in the Vale Hospital, Madurai.
2. Heard Mr.R.Murali, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.C.Karthik, learned counsel appearing for the respondents 4 and 5.
3. The petitioner's claim for medical reimbursement has been rejected by the District Level Empowering Committee for the reason that the diagnosis and line of management is not an emergency and hence, it does not fall under the scheme. 4/7
4. The petitioner has also been informed that if he has got any grievance over the order of the District Level Empowering Committee, he can approach the State Level Empowering Committee.
5. Since the petitioner has not approached the State Level Empowering Committee by invoking the statutory remedy, the petitioner is impressed to file an appeal before the State level Empowering Committee and work out his remedy.
6. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
05.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The Convener (PHF) Secretary Cum General Manager, TWAD Board, Head Office, No.31, Kamarajar Salai, Chepauk, Chennai - 5.
2.The Superintending Engineer TWAD Board, MDT Circle, Madurai - 7.
3.The Joint Director Medical and Rural Health Services, Villani Salai, Usilampatti, District TB Centre, Madurai - 625 532.
4.Senior Divisional Manager United India Insurance Company Limited, Divisional Office VI, No.212, Pala Rathna Towers, 5th Floor, Anna Salai, Chennai - 600 006.
5.The Branch Manager The United India Insurance Company Limited, (Opp.) Income Tax Office, Railway Feeder Road, Virudhunagar District.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.31109 of 2023 Dated:
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