Madras High Court
The State Of Tamil Nadu vs P.Valluvan on 26 April, 2021
W.A.(MD)No.890 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.890 of 2021
and
C.M.P.(MD)No.4030 of 2021
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Department of Finance,
Secretariat, Fort St. George,
Chennai.
2.The State of Tamil Nadu,
Represented by its Principal Secretary,
Department of Health and Family Welfare,
Secretariat, Fort St. George,
Chennai.
3.The Joint Director ,
Medical and Rural Health Services,
Ayurveda Medical College Campus,
Nagercoil,
Kanyakumari. : Appellants
Vs.
1.P.Valluvan
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W.A.(MD)No.890 of 2021
2.The Tamil Nadu National Health Insurance Schemes,
Employee Scheme,
The Chief Nodal Officer,
MD Health Insurance TPA Private Ltd.,
Guna Complex,
443, 445, Anna Salai,
Chennai – 600 018. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 03.01.2019, in W.P.(MD)No.24743 of
2018 and allow the writ appeal.
For Appellants : Mr.K.P.Krishnadass
Special Government Pleader
For Respondent No.1 : Mr.T.Lajapathi Roy
For Respondent No.2 : Mr.A.Shajahan
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard Mr.K.P.Krishnadass, learned Special Government
Pleader appearing for the appellant department, Mr.T.Lajapathi Roy,
learned Counsel appearing for the first respondent and Mr.A.Shajahan,
learned Counsel appearing for the second respondent.
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W.A.(MD)No.890 of 2021
3.The respondent approached the Writ Court, praying for a
direction to sanction medical reimbursement to the tune of Rs.65,915.24/-
with interest at the rate of 12% per annum from 25.02.2004. The learned
Single Bench after noting that the writ petitioner suffered heart-attack
and due to the emergency situation he was taken to the Trivandrum
Medical College Hospital and he was treated there and he recovered and
taking note of the fact that the Commissioner of the Department of
Horticulture in which department the petitioner is working had
sanctioned 50% of the amount spent by the writ petitioner on 22.03.2005
and the remaining amount of Rs.65,915.24/- was payable, directed the
same to be paid together with interest at the rate of 12% per annum.
4.The appellant department would contend that interest is not
permissible as the sanctioning of the amount has to be done by the
Government and proposal has been sent to the Government in the year
2005 itself and the writ petitioner, without approaching the appellant
herein had approached the Writ Court by filing a writ petition.
5.In our considered view, none of the grounds raised by the
appellants are tenable except we shall consider as to whether what would
be the appropriate rate of interest payable. We say so because, the writ
petitioner was in Trivandrum between 17.02.2004 to 20.02.2004
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W.A.(MD)No.890 of 2021
attending the workshop and he was officially nominated to attend the
workshop. While in duty, he suffered heart-attack and he was taken to
the Trivandrum Medical College Hospital and given treatment and
recovered. The claim of the respondent cannot be negatived that the
Trivandrum Medical College Hospital is not one of the listed hospitals in
the Government Order in G.O.Ms.No.383, issued by the State of Tamil
Nadu and the said Government Order cannot be applied to the facts and
circumstances of the present case. Nevertheless, it is a Government
hospital established by the State of Kerala and considering the facts and
circumstances that the writ petitioner was attending the workshop in his
official capacity and was not on a holiday, the reasonable approach of the
appellants is to immediately sanction the amount.
6.The writ petitioner in the affidavit filed in support of the writ
petition has specifically stated that he attended the workshop, at which
he suffered heart-attack and the same has not been denied by the
appellant department by filing a counter affidavit nor have raised any
such contention in this appeal. Therefore, the direction issued by the
learned Writ Court does not call for interference. As contended earlier,
the only aspect is the rate of interest and in our considered view, 6 %
interest would be reasonable as has been held by this Court in other
judgments as well.
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W.A.(MD)No.890 of 2021
7.Accordingly, the Writ Appeal is partly allowed and the order
and direction issued by the learned Writ Court to sanction a sum of
Rs.65,915.24/- is sustained and the interest is ordered to be paid at the
rate of 6% p.a. from 22.03.2005, till the date of the order in the writ
petition instead of 12% and this direction be complied with within a
period of eight [8] weeks from the date of receipt of a copy of this order.
In the event the appellants do not comply with the order within the time
frame stipulated, then the respondent writ petitioner shall be entitled to
interest at the rate of 12% for the entire period. However, there shall be
no order as to costs. Consequently, the connected miscellaneous petition
is closed.
[T.S.S., J.] & [S.A.I., J.]
26.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.890 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.890 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
