Madras High Court
The Managing Director vs Balamurugan on 19 September, 2023
WA No.971 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WA No.971 of 2012
The Managing Director
TASMAC Limited
Corporation Office 4th Floor, CMDA Tower II
Gandhi Irwin Road,
Egmore Chennai-600008. ... Appellant
versus
1.Balamurugan
2.State of Tamil Nadu
Represented by its Principal Secretary
of Government
Home Prohibition and Excise Department,
Fort St.George, Secretariat,
Chennai-600009.
3.The Principal Secretary to Government,
Labour and Employment Department,
Fort St.George, Secretariat,
Chennai-600009.
4.The Regional Director,
E.S.I. Corporation No.143, Sterling Road,
Nungambakkam,
Chennai-600024.
1/7
https://www.mhc.tn.gov.in/judis
WA No.971 of 2012
5.Sri Ramachandra Medical Centre
Represented by its Chairman
Porur, Chennai-600116. ... Respondents
PRAYER: Writ Appeal filed against the order of the learned Single
Judge dated 19.04.2012 in WP No.9096 of 2012.
For the Appellant : Mr.K.Balakrishnan
for TASMAC
for appellant
For the Respondents : Mr.K.Balu
for first respondent
Mr.P.Raja Rajeswari
Government Advocate
for respondent Nos.2 and 3
Mr.K.Prabakar
for respondent No.4
Mr.Prahalat Bhat
for respondent No.5
JUDGMENT
(Judgment of the Court was delivered by P.B. BALAJI,J.)
The third respondent in the writ petition is the appellant before
us aggrieved by the order dated 19.04.2012 of the Writ Court in
W.P.No.9096 of 2012. The first respondent has filed the writ petition
seeking to set aside the order dated 12.03.2012 with a consequential
direction to permit the writ petitioner to undergo renal transplantation
in the fifth respondent hospital.
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WA No.971 of 2012
3. According to the writ petitioner, he is earning a salary only
about Rs.5,000/- per month and he will not be in a position to meet
the expenses in connection with the renal transplantation to be
undergone by him. The learned Single Judge has directed that the said
sum of Rs.1,00,000/- to be paid by the appellant and further observed
that the ceiling fixed by the appellant, i.e., the writ petitioner can only
get Rs.1,00,000/- is unrealistic and to be revisited and the writ
petitioner was directed to undergo the surgery and thereafter the
appellant were directed to refund the amount spent by the writ
petitioner. Aggrieved by the said order of the Writ Court, the appellant
is before us.
4. During the course of the arguments, it is brought to our notice
that subsequently the Government has issued G.O.Ms.No.160 dated
29.06.2021 regarding medical aid under the New Health Insurance
Scheme 2021 where the ceiling limits have been substantially
increased to Rs.4,00,000/- in cases of families of insured employees
and Rs.7,50,000/- for specified illness. Therefore, appellant is willing
to consider the case of the writ petitioner in the light of the new G.O.
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WA No.971 of 2012
considering that he has suffered an order before the writ court as a
special case.
5. The writ court has allowed the writ petition only on
sympathetic grounds and the writ petitioner is also agreeable for
submitting a fresh representation seeking reimbursement of the
expenses incurred in connection with the renal transplantation and the
appellant also agreed to consider the same in the light of the present
G.O.Ms.No.160 dated 29.06.2021.
6. In view of the above, order of the writ court dated 19.04.2012
is set aside and consequently, the writ appeal stands allowed. The first
respondent/writ petitioner is directed to give a fresh representation
within a period of four weeks from the date of receipt of a copy of this
order to the appellant seeking reimbursement of the expenses incurred
by him for renal transplantation, over and above Rs.1,00,000/- already
paid by the appellant and on receipt of such representation, the
appellant shall consider the said request for reimbursement in the light
of the present G.O.Ms.No.160 dated 29.06.2021 within a period of
eights weeks thereafter in accordance with law.
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WA No.971 of 2012
7. Writ petitioner submitted that he has already submitted all the
bills. However, along with the representation, copies of all the bills
shall also be enclosed for easy reference of the appellant.
[D.K.K., J.] [P.B.B., J.]
19.09.2023
Index : Yes/No
Neutral Citation : Yes/No
mrn
https://www.mhc.tn.gov.in/judis
WA No.971 of 2012
To
1.The Executive Director,
The Central Board of Secondary Education,
J.E.E. (Main) Secretariat,
Central Board of Secondary Education
PS-1-2, Institutional Area, IP Extension,
Patparganj, Delhi-110 092.
3.The Joint Secretary, (JEE-Main)
The Central Board of Secondary Educational
J.E.E. (Main) Secretariat,
Central Board of Secondary Education,
PS-1-2, Institutional Area, IP Extension,
Patparganj, Delhi-110 092.
https://www.mhc.tn.gov.in/judis
WA No.971 of 2012
D.KRISHNAKUMAR, J.
and
P.B. BALAJI
(mrn)
WA No.971 of 2012
19.09.2023
https://www.mhc.tn.gov.in/judis
