Kanagambujam vs Finance Department
2024 Latest Caselaw 8401 Mad

Madras High Court

Kanagambujam vs Finance Department on 4 June, 2024

                                                                     WP(MD). No.21403 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Date : 04/06/2024

                                                    CORAM

                                  THE HON'BLE Ms. JUSTICE R.N.MANJULA

                                          WP(MD). No.21403 of 2022


                     Kanagambujam                                     ... Petitioner

                                                        Vs

                     1. Finance Department,
                     State of Tamil Nadu, Rep by its
                     Additional Chief Secretary to Government,
                     Department of Finance,
                     Fort St.George, Chennai 9.

                     2. The Commissioner of Treasuries
                                 and Accounts / Joint Director,
                     Department of Treasuries and Accounts,
                     3rd Floor, Veterinary Hospital Campus,
                     No.571, Anna Salai, Nandanam, Chenna.

                     3. The District Level Empowered,
                     Committee, Rep by the District
                     Collector, Pudukkottai District.

                     4. The Senior Divisional Manager,
                     United India Insurance Company,
                     Divisional Office Vi, 5th Floor, Pla
                     Rathna Tower, 212, Anna Salai, Chennai 6.            ... Respondents




                     1/5

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                                                                                WP(MD). No.21403 of 2022


                     PRAYER :- Writ Petition filed under Article 226 of Constitution of
                     India, praying this Court to issue of Writ of Certiorarified Mandamus to
                     call for the records pertaining to the Impugned Order in O.Mu.No.20013/
                     Pu.Ma.Ka.Thi-3/ 2021 dated 11.08.2021 on the file of the Respondent
                     No.2 and quash the same as illegal and consequently for a direction,
                     directing the Respondents to provide medical reimbursement to the tune
                     of Rs.8,83,580/- (Eight Lakhs Eighty Three Thousand Five Hundred and
                     Eighty Rupees only) to the petitioner with interest at the rate of 12
                     percent per annum for the delayed payment in the light of the Judgment
                     of the Honble Supreme Court in Shiva Kant Jha v. Union of India
                     reported in AIR 2018 SC 1975 and the judgment of the Madurai Bench
                     of Madras High Court in WP(MD) No.20360/2021 dated 06.01.2022
                     within the time stipulated by this court.

                                              For Petitioner    : M/s. S.Rajasekar

                                              For Respondents : Mr.J.Ashok for R1 to R3
                                                              Additional Government Pleader
                                                              Mr.C.Karthick for R4

                                                          ORDER

The petitioner, who is a retired State Government employee, is the

beneficiary under the NHIS. She had affected due to COVID-19 and as

such, she took treatment in Santhi Hospitals, Tenkasi by paying a sum of

Rs.8,83,580/-. When the petitioner approached the respondents for

medical reimbursement under G.O.Ms.No.280, the same has been

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rejected stating that the said Government order was issued for non

critical claim.

2. Heard the learned counsel for the petitioner, the learned

Additional Government Pleader for the respondents 1 to 3 and the

learned standing counsel for the fourth respondent.

3. The learned counsel for the 4th respondent submitted that the

petitioner is entitled to get the reimbursement under the Government

order issued in G.O.No.165 dated 01.06.2022. It is further submitted that

when similar writ petitions were filed, this Court disposed of those writ

petitions by directing the authorities to consider in terms of G.O.Ms.No.

4. When similarly placed persons filed similar writ petitions

making similar claim, this court has passed an order directing the

authorities to consider the matter under G.O.Ms.No.165 dated

01.06.2022 Hence, similar line of approach is taken for the similar issue

involved in this case.

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5. Accordingly, the writ petition is allowed and the impugned

order of the 2nd respondent dated 11.08.2021 is set aside and the

respondents are directed to reconsider the claim of the petitioner in the

light of G.O.Ms.No.165 dated 01.06.2022 and pass appropriate orders for

reimbursement, if it is covered under G.O.No.165, in accordance with

law within a period of four weeks from the date of receipt of a copy of

this order. No costs.

04.06.2024 RR

TO

1. Additional Chief Secretary to Government, Department of Finance, Fort St.George, Chennai 9.

2. The Commissioner of Treasuries, and Accounts / Joint Director, Department of Treasuries and Accounts, 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chenna.

3. The District Level Empowered, Committee, Rep by the District Collector, Pudukkottai District.

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R.N.MANJULA,J

RR

ORDER IN

Date : 04/06/2024

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