Madras High Court
Mundan vs The Principal Secretary To ... on 8 February, 2022
W.P.(MD) No.294 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.294 of 2019
W.M.P(MD).No.243 of 2019
Mundan ... Petitioner
Vs.
1.The Principal Secretary to Government of Tamil Nadu,
Department of Finance (Pension),
Secretariat, Chennai.
2.The Director,
Directorate of Medical and Welfare Services,
Chennai.
3.The Director of Treasuries and Accounts,
Panagal Building, 2nd Floor,
Saidapet, Chennai-15.
4.The District Collector,
Pudukkottai District.
5.The District Treasury Officer,
District Treasury Office,
Pudukottai District.
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W.P.(MD) No.294 of 2019
6.The Divisional Manager,
United India Insurance Company Limited,
Divisional Office-VI,
PLA Rathana Towers, 5th Floor,
212, Anna Salai, Chennai. ... Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records of the second respondent in O.Mu.No.16704/Kapil/3/2017 dated
02.04.2018 and quash the same as illegal and arbitrary and consequential
direct the respondent to sanction and reimburse the medical expenses of Rs.
75,350/- (Rupees Seventy Five Thousand Three Hundred and Fifty Only)
incurred in the treatment to the petitioner's wife Mallika for removing part
of her left leg toe at Dr.Mohan's Diabetes Specialities Centre, Chennai,
along with 9% interest till the date of payment, at the once.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondent : Mr.A.K.Manikkam
Additional Government Pleader
for RR1 to 5
No-appearance for R6
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W.P.(MD) No.294 of 2019
******
ORDER
The order impugned dated 02.04.2018 is sought to be quashed in
the present writ petition.
2. The petitioner, admittedly, is a member of Medical
Reimbursement Scheme and a pensioner. His wife namely Mallika suffered
severe pain in her left toe and became unconscious. The relatives of the
petitioner immediately admitted her in nearby hospital namely Dr.Mohan's
Diabetes Specialities Centre, Chennai on 16.04.2015, wherein, the Doctor
diagnosed her left toe severally damaged, due to infection and blood sugar
levels. The wife of the petitioner undergone surgery, her left toe was
removed and she was discharged on 22.04.2015. The petitioner submitted
an application for medical reimbursement and the said application was
rejected on the ground that the hospital was not included in the approved
list of hospitals.
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W.P.(MD) No.294 of 2019
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
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.
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W.P.(MD) No.294 of 2019
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
second respondent in O.Mu.No.16704/Kapil/3/2017 dated 02.04.2018 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
form the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
08.02.2022
ssb
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W.P.(MD) No.294 of 2019
To
1.The Principal Secretary to Government of Tamil Nadu,
Department of Finance (Pension),
Secretariat, Chennai.
2.The Director,
Directorate of Medical and Welfare Services,
Chennai.
3.The Director of Treasuries and Accounts,
Panagal Building, 2nd Floor,
Saidapet, Chennai-15.
4.The District Collector,
Pudukkottai District.
5.The District Treasury Officer,
District Treasury Office,
Pudukottai District.
6.The Divisional Manager,
United India Insurance Company Limited,
Divisional Office-VI,
PLA Rathana Towers, 5th Floor,
212, Anna Salai, Chennai.
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W.P.(MD) No.294 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.294 of 2019
08.02.2022
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