Citation : 2024 Latest Caselaw 15564 Mad
Judgement Date : 12 August, 2024
W.P.(MD)No.19268 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)Nos.19268 & 19269 of 2024
W.P(MD)No.19268 of 2024:
C.Prakasam ... Petitioner
Vs
1.The Additional Chief Secretary to Government,
Department of Finance,
Fort St. George,
Chennai – 9.
2.The District Level Empowered Committee,
Rep. by the District Collector,
Madurai District.
3.The Treasury Officer,
District Treasury,
Collectorate Complex,
Madurai – 20.
4.The Authorized Person,
United India Insurance Company Limited,
5th floor, PLA Ratna Towers,
212, Anna Salai,
Chennai – 6. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Mandamus, directing the respondent Nos.1 to 3 to reimburse
the medical expenses to the tune of Rs.72,497/- (Seventy Two Thousand and
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W.P.(MD)No.19268 of 2024
Four Hundred and Ninety Seven Only) towards the medical expenses along
with proportionate interest in the light of the Judgment of the Hon'ble Supreme
Court in Shiva Kant Jha vs Union of India reported in AIR 2018 SC 1975 and
the Judgment of the Madurai Bench of Madras High Court in WP(MD).No.
13429 of 2013 dated 28.05.2019 within the time period stipulated by this Court.
W.P(MD)No.19269 of 2024:
C.Prakasam ... Petitioner
Vs
1.The Additional Chief Secretary to Government,
Department of Finance,
Fort St. George,
Chennai – 9.
2.The District Level Empowered Committee,
Rep. by the District Collector,
Madurai District.
3.The Treasury Officer,
District Treasury,
Collectorate Complex,
Madurai – 20.
4.The Authorized Person,
United India Insurance Company Limited,
5th floor, PLA Ratna Towers,
212, Anna Salai,
Chennai – 6. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Mandamus, directing the respondent Nos.1 to 3 to reimburse
the medical expenses to the tune of Rs.62,888/- (Sixty Two Thousand and Eight
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2/6
W.P.(MD)No.19268 of 2024
Hundred and Eighty Eight Only) towards the medical expenses with
proportionate interest in the light of the Judgment of the Hon'ble Supreme Court
in Shiva Kant Jha vs Union of India reported in AIR 2018 SC 1975 and the
Judgment of the Madurai Bench of Madras High Court in WP(MD).No.13429
of 2013 dated 28.05.2019 within the time period stipulated by this Court.
For Petitioner : Mr.T.Aswin Raja Simman (in both cases)
For Respondents : Mr.S.Shaji Bino
Special Government Pleader for R1 to R3
Mr.I.Suthakaran
Standing Counsel for R4 (in both cases)
* * * * *.
COMMON ORDER
These instant petitions have been filed by a retired District Revenue
Officer seeking medical reimbursement under the Tamil Nadu Medical
Attendance Rules.
2.According to the writ petitioner, his wife had undergone treatment in a
private hospital in Madurai on 14.08.2023 and he has spent a sum of
Rs.72,497/- towards medical expenses. However, the insurance company had
not reimbursed the said amount due to the reason that the said expenses do not
fall in the line of management and not covered under G.O.204, dated
30.06.2022.
https://www.mhc.tn.gov.in/judis
3.In view of the above said facts, the petitioner has sent a representation
to the third respondent herein on 18.08.2023, seeking the benefits under the
Tamil Nadu Medical Attendance Rules. The petitioner has also enclosed the
postal receipt for the same.
4.Considering the above said facts, the third respondent herein is directed
to consider the representation of the petitioner on merits in accordance with law
and pass orders within a period of twelve weeks from the date of receipt of a
copy of this order.
5.With the above said observations, these writ petitions stand disposed of.
No costs.
12.08.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
https://www.mhc.tn.gov.in/judis
To
1.The Additional Chief Secretary to Government, Department of Finance, Fort St. George, Chennai – 9.
2.The District Collector, The District Level Empowered Committee, Madurai District.
3.The Treasury Officer, District Treasury, Collectorate Complex, Madurai – 20.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
RJR
W.P.(MD)Nos.19268 & 19269 of 2024
12.08.2024
https://www.mhc.tn.gov.in/judis
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