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Rosy M.J vs The Additional Chief Secretary ...
2024 Latest Caselaw 10152 Ker

Citation : 2024 Latest Caselaw 10152 Ker
Judgement Date : 5 April, 2024

Kerala High Court

Rosy M.J vs The Additional Chief Secretary ... on 5 April, 2024

WPC 13535/24                    1


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR.JUSTICE BASANT BALAJI
     FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                    WP(C) NO. 13535 OF 2024
PETITIONER/S:


        ROSY M.J AGED 68 YEARS W/O. P.J. THOMAS, PUTHIYA
        VEETTIL, PERUMPADANNA NORTH PARAVOOR P.O, ERNAKULAM
        DIST., PIN - 683513

        BY ADV ANILKUMAR V. (VAZHARAMBIL)

RESPONDENT/S:


 1      THE ADDITIONAL CHIEF SECRETARY (FINANCE- HEALTH INSUR-
        ANCE) SECRETARIAT GOVERNMENT OF KERALA THIRUVANANTHAPU-
        RAM, KERALA., PIN - 695001

 2      THE REGIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD
        METRO PALACE, NORTH RAILWAY STATION ROAD, ERNAKULAM
        NORTH, ERNAKULAM., PIN - 682018

 3      THE GENERAL MANAGER DIVINE HOSPITAL (MAX CARE HOSPITAL)
        VADAKKANCHERY P.O. THRISSUR, PIN - 680582

 4      THE CONVENER (DISTRICT COLLECTOR) THE DISTRICT LEVEL
        GRIEVANCE REDRESSAL COMMITTEE COLLECTORATE, THRISSUR
        THRISSUR DISTRICT., PIN - 680003

OTHER PRESENT:


        SC SRI. K.S SANTHI, SR GP SMT MARY BEENA JOSEPH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOL-
LOWING:
 WPC 13535/24                   2


                        JUDGMENT

(Dated this the 5th day of April, 2024)

The petitioner challenges rejection of the MEDISEP

reimbursement on the ground that the benefit of MEDISEP

for knee replacement surgery is only to Government

hospitals. The petitioner joined the MEDISEP scheme with

I.D. No.1426040/Policy No. 441200/48/2023/336

(Pensioner ID 111070043) and was regularly paying the

monthly subscription without any default. The petitioner

was admitted in the 3rd respondent hospital and undergone

a surgery for knee replacement. The petitioner has

informed the respondent hospital that she had joined

MEDISEP, and it is understood that the hospital got pre-

authorisation. But, later during discharge, she had to pay

Rs.4,30,000/- as hospital bill. The hospital authorities

informed the petitioner that as per Ext.P4 Order, knee

replacement surgery is available only in

Government hospitals. Pointing out these facts, the

petitioner filed Ext.P5 representation on 24.5.2023 before

the 4th respondent and prayed for reimbursement of the

medical claim.

2. The counsel for the petitioner submits that a

direction may be issued to the 4th respondent to take up

Ext.P5 and pass appropriate orders.

3. In the facts and circumstances of the case and

since the petitioner has already approached the Grievance

Redressal Committee, 4th respondent with Ext.P5

representation, there will be direction to the 4th respondent

to consider the same, within a period of 2 months from the

date of receipt of a copy of this judgment.

With the above direction, the Writ Petition is

disposed of.

Sd/-BASANT BALAJI, JUDGE dl/

APPENDIX OF WP(C) 13535/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MEDISEP CARD ID NO.1426040 ISSUED BY THE SUB TREASURY OFFICER PARAVOOR DATED NIL

Exhibit P2 TRUE COPY THE EMPANELLED HOSPITALS IN THRISSUR DIS-

TRICT DATED NIL

Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 13.03.2023 ISSUED BY THE 3RD RESPONDENT HOSPITAL

Exhibit P4 TRUE COPY OF THE G.O (MS)NO. 63/2023 FIN IS PUBLISHED ON 31.03.2023 BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT COMMITTEE DATED 24.05.2023 BY THE 1ST RESPONDENT

 
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