Partly allowed

P.S. Krishnamoorthy, v. the Secretary to Govt.

Madras HC5 Aug 2016WP(MD)/17584/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, applying the ratio of a prior similar judgment, allowed the writ petition in part. The court directed respondents to pay an additional Rs.1,00,000 towards the petitioner's medical expenses reimbursable under Government Order No.462 dated 27.12.2013.

What did the court decide?

Direction to respondents to pay Rs.1,00,000 to the petitioner towards reimbursement of medical expenses within eight weeks.

P.S. Krishnamoorthy, Vs the Secretary to Govt. — Medical Negligence | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 05.08.2016

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CORAM

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THE HONOURABLE MR.JUSTICE S.S.SUNDAR

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W.P(MD)No.17584 OF 2014

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P.S.Krishnamoorthy ..Petitioner .-Vs.

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1.The Secretary to Government, Finance (Pension) Department, Secretariat,

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Chennai-600 009.

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2.The Director of Pension, 259, 3rd Block, 2nd Floor, D.M.S.Compound, Thenampet,

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Chennai-600 006.

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3.The Treasury Officer, District Treasury, Madurai-625 020. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to reimburse Rs,2,21,498 (Rupees Two Lakhs Twenty One Thousand and Four Hundred and Ninety Eight only) being the balance of the actual Medical expenditure incurred by for the treatment of PTCA with DRUG ELUTING STENT TO LAD and RCA undergone by the petitioner in Meenakshi Mission Hospital and Research Centre, Madurai, on 18.09.2013 within a stipulated period fixed by this Court.

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For Petitioner :Mr.S.Govindan

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For Respondents :Mr.Aayiram K.Selvakumar Govt.Advocate.

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ORDER

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The petitioner has filed this Writ Petition for issuing a Writ of Mandamus to direct the respondents to reimburse Rs,2,21,498 (Rupees Two Lakhs Twenty One Thousand and Four Hundred and Ninety Eight only) being the balance of the actual Medical expenditure incurred by for the treatment of PTCA with DRUG ELUTING STENT TO https://hcservices.ecourts.gov.in/hcservices/ LAD and RCA undergone by the petitioner in Meenakshi Mission Hospital and Research Centre, Madurai, on 18.09.2013.

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The learned Counsel appearing for the petitioner submits

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that the prayer in the writ petition is covered by a judgment of this Court in W.P(MD)No.18079 of 2013 dated 19.07.2016.

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In the above judgment in similar case, this Court directed

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the respondents to pay a further sum of Rs.1,00,000/- (Rupees One Lakh only) to the petitioner towards reimbursement of medical expenses in accordance with the Government Order in G.O.No.462, Finance (Pension) Department, dated 27th December 2013.

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Applying the ratio in the above said judgment, this writ

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petition is also allowed partly by directing the respondents to pay a further sum of Rs.1,00,000/-(Rupees One Lakh only) to the petitioner towards reimbursement of medical expenses in accordance with the Government Order in G.O.No.462, Finance (Pension) Department, dated 27th December 2013. The payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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Sd/-

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Assistant Registrar(AS)

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/True copy/

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Sub Assistant Registrar

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1.The Secretary to Government,

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Finance (Pension) Department, Secretariat,

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Chennai-600 009.

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2.The Director of Pension, 259, 3rd Block, 2nd Floor, D.M.S.Compound, Thenampet,

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Chennai-600 006.

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3.The Treasury Officer, District Treasury,

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Madurai-625 020.

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+1cc to M/s.S.Govindan, Advocate Sr.No.42807 sm:KBM:12.08.2016:2P/5C

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W.P(MD)No.17584 OF 2014 05.08.2016

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https://hcservices.ecourts.gov.in/hcservices/

P.S. Krishnamoorthy, v. the Secretary to Govt.

Case brief

What is this about?

What did the court decide?

P.S. Krishnamoorthy, v. the Secretary to Govt.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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