Madras High Court
K.K.Pandian vs The Secretary To Government on 8 February, 2022
W.P.(MD) No.14957 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.14957 of 2019
K.K.Pandian ... Petitioner
Vs.
1.The Secretary to Government
Government of Tamil Nadu,
Finance (Salaries) Department,
Fort St.George, Chennai-19.
2.The General Manager,
United India Insurance Company Limited,
Cilingi Building,
No.134, Greams Road,
Chennai-600 006.
3.The Divisional Manager,
United India Insurance Company Limited,
Divisional Office VI,
Vth Floor, P.L.A.Rathna Towers,
No.212, Anna Salai,
Chennai-600 006.
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W.P.(MD) No.14957 of 2019
4.The District Collector,
Theni District.
5.The Executive Engineer,
TANGEDCO,
Distribution/Periyakulam,
Theni District. ... Respondents
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 impugned order of the fifth respondent in Ku.No.
189/SePo/Pa/Peri/VuNiA/KaMe/EniVu/Ko.MaSethi/2019 dated
04.06.2019 , quash the same and consequently direct the respondents herein
to reimburse the medical claim of Rs.81,600/- together with interest at the
rate of 7.5% p.a. thereon to the petitioner covered by the medical records
and medical bills within a reasonable time as may be fixed by this Court.
For Petitioner : Mr.K.Appadurai
For Respondent : Mr.S.Nedunchezhian
for RR1 to 4
No-appearance for R5
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W.P.(MD) No.14957 of 2019
******
ORDER
The order impugned dated 04.06.2019 is sought to be quashed in
the present writ petition.
2. The petitioner is a member of Health Fund Scheme, and son of
the petitioner fell down from upstair steps and suffered fracture on his right
leg. Immediately, he was admitted for urgent medical assistance at
Vivekanandha Hospital, Kadamalaikundu, Theni District. Son of the
petitioner was treated in the said hospital and discharged. He filed an
application for medical reimbursement. The said application was rejected on
the ground that the treatment was taken in a non-listed hospital. Therefore,
the petitioner is not entitled for medical reimbursement claim.
3. Many number of judgments were delivered holding that the
Authorities Competent are bound to verify the genunity of the treatment
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W.P.(MD) No.14957 of 2019
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.
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
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W.P.(MD) No.14957 of 2019
medical reimbursement. Consequently, the order impugned passed by the
fifth respondent in Ku.No.189/SePo/Pa/Peri/VuNiA/
KaMe/EniVu/Ko.MaSethi/2019 dated 04.06.2019 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.
08.02.2022
ssb
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W.P.(MD) No.14957 of 2019
To
1.The Secretary to Government
Government of Tamil Nadu,
Finance (Salaries) Department,
Fort St.George, Chennai-19.
2.The General Manager,
United India Insurance Company Limited,
Cilingi Building,
No.134, Greams Road,
Chennai-600 006.
3.The Divisional Manager,
United India Insurance Company Limited,
Divisional Office VI,
Vth Floor, P.L.A.Rathna Towers,
No.212, Anna Salai,
Chennai-600 006.
4.The District Collector,
Theni District.
5.The Executive Engineer,
TANGEDCO,
Distribution/Periyakulam,
Theni District.
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W.P.(MD) No.14957 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.14957 of 2019
08.02.2022
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