Madras High Court
K.Jeyalakshmi vs The Director Of Pension on 8 February, 2022
W.P.(MD) No.4963 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.02.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.4963 of 2019
K.Jeyalakshmi ... Petitioner
Vs.
1.The Director of Pension,
259, Anna Salai,
DMS Compound,
Chennai-600 006.
2.The Joint Director of Health Services,
Thoothukudi,
Thoothukudi District.
3.The Treasury Officer,
District Treasury,
Thoothukudi.
4.The United India Insurance Company Limited,
Divisional Office 010600,
5th Floor, PLA Rathna Tower,
212, Anna Salai,
Chennai-600 006. ... Respondents
_________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records relating to the proceedings of the third respondent made in
Na.Ka.No.2827/2017/Ra3 dated 23.06.2017 and quash the same and
consequently direct the respondents 1 to 3 to settle the medical expenses of
the petitioner's deceased husband to the tune of Rs.84,190/- with interest.
For Petitioner : Mr.M.Suresh Kumar
For Respondent : Mr.M.Ramesh
Government Advocate
for RR1 to 3
No-appearance for R4
******
ORDER
The order impugned dated 23.06.2017 reveals that the medical
reimbursement claim of the petitioner was rejected on the ground that the
husband of the petitioner undertook treatment in a non-network hospital.
2. Admittedly, the husband of the petitioner was a pensioner and
eligible for reimbursement. He was suddenly admitted in the hospital at the
_________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
age of 76 and undertook treatment in nearby hospital at Laxmi Poly clinic,
Tuticorin. He was taking treatment as in-patient from 28.08.2014 to
07.09.2014. Surgery was conducted on 29.08.2014 and the discharge
summary would reveal the nature of surgery undergone by the husband of
the petitioner. The husband of the petitioner subsequently died on
13.02.2015. Thereafter, the petitioner filed an application for medical
reimbursement claim. The claim petition was rejected on the ground that the
treatment was taken by the husband of the petitioner in a non-network
hospital.
3. Many number of judgments were delivered holding that the
Authorities Competent are bound to verify the genunity of the treatment
taken by the employee. The benefit of Medical reimbursement cannot be
denied merely on the ground that the treatment was taken in non-network
hospital. The emergency situation warranting urgent treatment for a person
is to be considered. This being the principles adopted, the Authorities
Competent cannot mechanically reject the medical reimbursement claim by
_________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
stating that the treatment was not taken in the approved hospital.
4. Providing a decent medical treatment is a right to live
enunciated under Article 21 of the Constitution of India. Thus, the medical
reimbursement claim cannot be rejected on flimsy technical grounds. The
genunity of the treatment is to be verified, but not the hospital, in which the
treatment was taken. When a person urgently needs a medical treatment, no
one can expect that he should be admitted in the hospitals listed out in the
Government Order. It may not be practicable in such circumstances.
5. This being the factum, the order impugned is not in consonance
with the established principles laid down by the High Court in the matter of
medical reimbursement. Consequently, the order impugned passed by the
fourth respondent in Na.Ka.No.2827/2017/Ra3 dated 23.06.2017 is
quashed. The respondents are directed to settle the medical reimbursement
claim of the petitioner as per his eligibility within a period of eight weeks
from the date of receipt of a copy of this order.
_________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
6. Accordingly, the Writ Petition stands allowed. No costs.
08.02.2022
ssb
To
1.The Director of Pension,
259, Anna Salai,
DMS Compound,
Chennai-600 006.
2.The Joint Director of Health Services,
Thoothukudi,
Thoothukudi District.
3.The Treasury Officer,
District Treasury,
Thoothukudi.
4.The United India Insurance Company Limited,
Divisional Office 010600,
5th Floor, PLA Rathna Tower,
212, Anna Salai,
Chennai-600 006.
_________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
_________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4963 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.4963 of 2019
08.02.2022
_________
https://www.mhc.tn.gov.in/judis
