Madras High Court
Arumugam vs The District Collector on 31 August, 2021
W.P(MD). No.14383 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.08.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No. 14383 of 2021
Arumugam ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Manager,
United India Insurance Company Ltd,
Head Office,
24, Whites Road,
Chennai – 600 014.
3.The Joint Director of Health and Rural Services,
Veterinary Hospital Campus,
Sripuram,
Tirunelveli,
Tirunelveli – 627 001.
4.The Assistant Director,
Veterinary Hospital Campus,
Sripuram,
Tirunelveli,
Tirunelveli – 627 001. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.14383 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issue of Writ of Mandamus, directing the Respondents to reimburse the
medical expenses incurred by the petitioner for a sum of Rs.4,99,449/-
(Rupees Four Lakhs Ninety Nine Thousand Four Hundred and Forty Nine)
along with interest at the rate of 12% per annum by considering the
Petitioner's representation dated 05.06.2017 and 12.03.2021 within a
stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Karunanidhi
For Respondents : Mr.S.Shanmugavel,
Standing Counsel for R1,R3 & R4.
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Mandamus, directing the Respondents to reimburse the medical expenses
incurred by the petitioner for a sum of Rs.4,99,449/- (Rupees Four Lakhs
Ninety Nine Thousand Four Hundred and Forty Nine) along with interest at
the rate of 12% per annum by considering the Petitioner's representation
dated 05.06.2017 and 12.03.2021 within a stipulated time.
2. According to the writ petitioner, he retired as Veterinary Inspector
Grade-I on 28.02.2020 and he has availed the New Health Insurance
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W.P(MD). No.14383 of 2021
Scheme as announced by the State. The petitioner suffered a heart pain and
he was hospitalised at Amrita Institute of Medical Sciences and Research
Centre, Kochi, Kerala on 27.12.2016. The surgery was also conducted by
the above said hospital at his own expenses and again he was admitted in
the same hospital till 09.01.2017 and he has spent a sum of Rs.4,99,449/-
for surgery and other medical expenses.
3. The petitioner submitted his application along with all other
medical bills to the second respondent office for claiming the surgery cost
and medical expenses. The said surgery was undertaken while he was in
service. The writ petitioner received only Rs.30,000/- as medical insurance
amount under the Government Employees Insurance Scheme for the
treatment taken in Sheeba Hospital, Tirunelveli in the year 2016.
Thereafter, the petitioner made applications for claiming medical
reimbursement for a sum of Rs.4,99,449/-, however, the same are still
pending. The petitioner was informed that he had taken treatment in a non-
network hospital. Therefore the petitioner's representations have not been
considered by the respondent. Hence, he has filed the Writ Petition before
this Court.
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W.P(MD). No.14383 of 2021
4. The writ petitioner has also stated that the said issue has already
been decided in the case of S. Marimuthu vs. The Government of Tamil
Nadu, represented by its Secretary, in W.P.(MD).No.13429 of 2013 and
dated 28.05.2019. The relevant paragraphs of the order are extracted
hereinbelow:
80. In order to reconsider all these claim
made by the respective writ petitioners for medical
reimbursement, by remitting the matters back, the
following directions are issued:
(i) All the impugned orders in the respective
writ petitions in this batch of cases, are hereby
quashed.
(ii) The writ petitions where impugned
orders are quashed as well as the writ petitions
where mandamus sought for, are hereby remanded
with directions to the concerned District Level
Empowered Committee, before whom, these
matters shall be placed and the Committee shall
reconsider every individual case.
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W.P(MD). No.14383 of 2021
(iii) While reconsidering, the Committee
shall not reject any claim merely on the reason of
non network hospital or non listed disease.”
This judgment was followed by this Court in the case of P.Muthu vs
The District Collector in WP(MD).No16941 of 2019 dated 31.07.2019.
5. When the matter came up for admission before this Court, the
Government Pleader took notice for the respondents and the matter was
posted today under the caption 'for orders'. Today, there was no instructions
from the department.
6. In view of the aforesaid judgments cited supra, this court is
inclined to pass the order as follows:
The third respondent, the Joint Director of Health and Rural Services shall
forward the petitioner's applications dated 05.06.2017 and 12.03.2021 to the
first respondent within a period of four weeks from the date of receipt of a
copy of this order. Thereafter, the first respondent is directed to consider the
said representations of the petitioner on its own merits and in accordance
with law in the light of the judgments cited supra and pass orders as
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W.P(MD). No.14383 of 2021
expeditiously as possible within a period of twelve weeks from the date of
receipt of a copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs.
31.08.2021
Index : Yes/No
Internet : Yes /No
mnr
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.14383 of 2021
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Manager,
United India Insurance Company Ltd,
Head Office,
24, Whites Road,
Chennai – 600 014.
3.The Joint Director of Health and Rural Services,
Veterinary Hospital Campus,
Sripuram,
Tirunelveli,
Tirunelveli – 627 001.
4.The Assistant Director,
Veterinary Hospital Campus,
Sripuram,
Tirunelveli,
Tirunelveli – 627 001.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.14383 of 2021
D.KRISHNAKUMAR, J.
mnr
W.P.(MD).No.14383 of 2021
31.08.2021
https://www.mhc.tn.gov.in/judis/
