Madras High Court
M.Leela vs The District Collector on 5 June, 2024
W.P.(MD)No.10004 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD)No.10004 of 2023
M.Leela ... Petitioner
vs.
1.The District Collector,
Nagercoil, Kanyakumari District.
2.The Joint Director,
Medical and Rural Health Services,
Nagercoil, Kanyakumari District.
3.The Treasury Officer,
District Treasury, Nagercoil, Kanyakumari District.
4.The Senior Divisional Officer,
United India Insurance Company Limited,
Division Office-VI, LA Retna Towers, 5th Floor,
212, Anna Salai, Chennai – 600 006.
5.The District Co-ordinator,
MD India Health Insurance (TPA) Pvt. Ltd.,
No.84, Lousiammal Street, WCC Junction,
Nagercoil – 629 001. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned report of DLEC, dated 12.08.2021 and
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W.P.(MD)No.10004 of 2023
consequential impugned communication sent by the 3rd respondent in his
proceedings in Rc.No.21977/2015(55)/L2 dated 24.11.2021, quash the
same and consequently direct the respondents, to reimburse the medical
expenses for a tune of Rs.6,53,836/- (Rupees Six Lakhs Fifty Three
Thousand Eight hundred and Thirty Six Only) to the petitioner for the
treatment undergone by the petitioner's deceased husband N.Mohana
Kumar at KIMS Hospital, Thiruvananthapuram in the light of various
judgments made by this Court along with the interest at the rate of 6% per
annum, within a stipulated time.
For Petitioner : Mr.C.Kishore
For R1 to R3 : Mr.N.Ramesh Arumugam
Government Advocate
For R4 : Mr.C.Karthik
For R5 : No appearance
ORDER
Heard Mr.C.Kishore, learned counsel appearing for the
petitioner, Mr.N.Ramesh Arumugam, learned Government Advocate
appearing for R1 to R3 and Mr.C.Karthik, learned counsel appearing for
R4.
2. The petitioner has filed this petition seeking to issue a Writ
of Certiorarified Mandamus, to call for the records pertaining to the
impugned report of DLEC, dated 12.08.2021 and consequential impugned
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communication sent by the 3rd respondent in Rc.No.21977/2015(55)/L2
dated 24.11.2021 and quash the same, and consequently direct the
respondents to reimburse the medical expenses of Rs.6,53,836/- to her for
the treatment undergone by her deceased husband N.Mohana Kumar at
KIMS Hospital, Thiruvananthapuram in the light of various judgments of
this Court together with the interest at the rate of 6% per annum, within a
stipulated time.
3. Mr.C.Kishore, learned counsel appearing for the petitioner
submitted that the petitioner's claim for medical reimbursement to the
tune of Rs.6,53,836/- towards her deceased husband's treatment was not
recommended by the District Level Empowering Committee stating that
the treatment has been taken in a non-network hospital in a non-
emergency situation. It is his submission that as per G.O.Ms.No.222,
Finance (Pension) Department, dated 30.06.2018, the pensioners are
entitled to get medical reimbursement for the treatment taken in a non-
network hospital in an emergency situation. Despite the treatment taken
by the petitioner's husband was an emergency one, the same has not been
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considered by the District Level Empowering Committee.
4. It is learnt that the appropriate remedy available to the
petitioner is by way of filing an appeal before the State Level
Empowering Committee. However, without exhausting the said remedy,
the petitioner has straightaway filed a writ petition before this Court.
Hence, it is up to the petitioner to make all his submissions before the
State Level Empowering Committee, before whom, he can challenge the
orders of the District Level Empowering Committee.
5. In view of the same, the writ petition is disposed of and the
petitioner is at liberty to prefer an appeal before the State Level
Empowering Committee, if so advised, within a week from the date of
receipt of a copy of this order and workout his remedy there. No costs.
05.06.2024
NCC: Yes/No
Index : Yes/No
Speaking/Non-Speaking order
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To
1.The District Collector,
Nagercoil, Kanyakumari District.
2.The Joint Director,
Medical and Rural Health Services,
Nagercoil, Kanyakumari District.
3.The Treasury Officer,
District Treasury,
Nagercoil, Kanyakumari District.
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R.N.MANJULA, J.
mbi
05.06.2024
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