Madras High Court
P.M.S.Mohammed Zafarulla Khan vs The State Of Tamil Nadu on 5 August, 2022
W.A.(MD)No.825 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.825 of 2022
P.M.S.Mohammed Zafarulla Khan ... Appellant
Vs.
1.The State of Tamil Nadu
Represented by its Secretary,
Finance (Salaries) Department,
Fort St.George,
Chennai - 600 009.
2.The Commissioner of Treasuries and Accounts,
Panagal Buildings,
Saidapet,
Chennai - 600015.
3.The District Level Empowered Committee,
Rep. by the District Collector,
Pudukkottai District - 622 001.
4.The Principal
District Institute of Education and Training (DIET)
Machuvadi,
Industrial Estate Post,
Pudukkottai-622 004 ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set aside
the order of this Court, dated 28.02.2022 made in W.P.(MD)No.522 of
2021 and allow the Writ Appeal.
For Appellant : Mr.A.Mohan
For Respondents : Mr.T.Amjad Khan,
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order of the learned
Single Judge in W.P.(MD)No.522 of 2021, dated 28.02.2022.
2.Heard Mr.A.Mohan, learned Counsel for the appellant and
Mr.T.Amjad Khan, learned Government Advocate, who takes notice on
behalf of the respondents. By consent of all parties, the above Writ Appeal
is taken up for final disposal at admission stage itself.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
3. While the appellant / petitioner was working as Senior
Lecturer in the fourth respondent Institution and undergone an emergency
Bypass Surgery in the year 2004, he took treatment in MIOT Hospital,
Chennai, from 29.10.2004 and he states that he was discharged on
13.11.2004. Though the application for medical reimbursement was
submitted immediately after the treatment, the same was not considered
and hence, the appellant filed the writ petition on 06.01.2001.
4. Taking into consideration the facts that the writ petition was
filed after a lapse of about 17 years from the date of the treatment
undergone by the appellant /petitioner in MIOT Hospitals, Chennai, the
writ petition was dismissed by the learned Single Judge only on the ground
of delay and latches. Aggrieved by the same, the above writ appeal is filed
by the writ petitioner.
5.This Court is unable to sustain the order by applying any legal
principle. The facts are not in dispute. The application was submitted
immediately after treatment in 2004, He sent remainders in 2006 and later
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
in 2019. The appellant's eligibility was not questioned anytime earlier on
facts.
6. The learned counsel for the appellant submitted that the
appellant / petitioner's application was processed and that the delay in
disbursement of amount by way medical reimbursement was due to
administrative reason.
7. It is not as if the appellant /petitioner has abandoned his claim.
It is not the case of the respondent that the application was not processed
for want of particulars.
8. The learned counsel for the appellant submitted that the
appellant /petitioner was examined by the Medical Board and the Medical
Board also recommended for disbursement of amount for his medical bills
by way of reimbursement. The documents required by the respondents
were also submitted.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
9. In such circumstances, depriving the appellant / writ petitioner
of the benefit of medical reimbursement, a legitimate claim on the ground
of latches cannot be sustained.
10. In the result, this Writ Appeal is allowed and the order of the
learned Single Judge passed in W.P.(MD) No.522 of 2021, dated
28.02.2022 is set aside. The respondents are directed to reimburse the
medical expenditure incurred by the appellant with interest at the rate of
9% per annum from the date of his application, dated 24.12.2004. The
medical expenses as per the claim will be assessed on the basis of the
documents and materials produced by the appellant. The entire exercise
shall be completed within a period of six weeks from the date of receipt of
a copy of this order. No costs.
[S.S.S.R., J.] [S.S.Y., J.]
05.08.2022
Index : Yes / No
Internet : Yes / No
rm
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
To
1.The State of Tamil Nadu
Represented by its Secretary,
Finance (Salaries) Department,
Fort St.George,
Chennai - 600 009.
2.The Commissioner of Treasuries and Accounts,
Panagal Buildings,
Saidapet,
Chennai - 600015.
3.The District Level Empowered Committee,
Rep. by the District Collector,
Pudukkottai District - 622 001.
4.The Principal
District Institute of Education and Training (DIET)
Machuvadi,
Industrial Estate Post,
Pudukkottai-622 004
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.825 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
rm
W.A(MD)No.825 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
