Allowed

Rajarajan S v. The Additional Chief Secretary

Madras HC19 Jul 2022WP(MD)/12588/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filing under Article 226 of the Constitution of India directing the Commissioner of Treasuries and Accounts to disburse the medical claim of the petitioner for the treatment expenses incurred in the treatment of Covid-19 virus infection within a period of four weeks from the date of receipt of the application.

What did the court decide?

The petitioner is granted liberty to re-submit his application and the respondents shall reimburse the eligible amount incurred by the petitioner in accordance with G.O.Ms.No.165, Finance [Health Insu

Rajarajan S Vs The Additional Chief Secretary — Medical Negligence | Madras HC (2022)

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W.P.(MD) No.12588 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.07.2022

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.(MD) No.12588 of 2022

S.Rajarajan

... Petitioner

Vs.

1.The Additional Chief Secretary, Finance (Health Insurance) Department, Secretariat,

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Chennai – 600 009.

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2.The Commissioner of Treasuries and Accounts,

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3^rd Floor, Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai – 600 035. ... Respondents

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PRAYER : Writ petition filed under Article 226 of the Constitution of India to

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issue a writ of Mandamus, directing the second respondent i.e., the Commissioner of Treasuries and Accounts, Chennai, to take immediate action to disburse the medical claim of the petitioner as per the instructions of the Government in Letter No.10360/Finance (H.I-1)/2022-1 dated 09.05.2022 and further specific directions issued in G.O.Ms.No.165, Finance (Health

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12588 of 2022

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Insurance), Department, dated 01.06.2022, within a specific time frame, that

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may be fixed by this Court.

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For Petitioner : Mr.S.Viswalingam For Respondents : Mr.M.Siddharthan Additional Government Pleader

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O R D E R

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The petitioner herein seeks for issuance of writ of Mandamus, directing

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the respondents for disbursing the mediclaim of the petitioner in connection

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with his treatment for the expenses incurred in the treatment of Covid-19 virus

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infection.

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2.The Government, in G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022, had accepted the proposals of the Commissioner of Treasuries and Accounts for reimbursement of expenses incurred for COVID-19 cases. The relevant portion of the aforesaid Government Order is extracted hereunder:

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“8. The Government after careful examination of the proposal of Commissioner of Treasuries and Accounts, have decided to accept the same and accordingly issue the following orders:-

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12588 of 2022

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(i) Sanction is accorded for an adhoc amount of Rs.10.00 crore (Rupees ten crore only) to clear the claims of the eligible expenses incurred by the Government Employees and their eligible family members and Pensioners (including spouse) / Family Pensioners under Non-Critical COVID care treatment undertaken in Non-Network hospitals by creating two Corpus Funds one for Rs.6.00 crore [Rupees six crore only) for Pensioners (including spouse) / Family Pensioners and Rs.4.00 crore [Rupees four crore only] for Government Employees and their eligible family members considering the welfare of the Employees/ Pensioners. There shall be no change in the existing modalities followed in respect of reimbursement claims settled by United India Insurance Company Limited from the funds released by Government under these Corpus Fund.

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(ii) Government Employees/Pensioners who have already taken treatment for Non-Critical COVID care in Non-empanelled Hospitals from 01.03.2020 till date are directed to submit their claims for to reimbursements by applying to the Commissioner of Treasuries and Accounts, Chennai. The Commissioner of Treasuries and Accounts shall forward the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12588 of 2022

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applications along with documents to the United India Insurance Company Limited to reimburse the eligible amount from the Corpus Fund provided by the Government as is followed as per the G.Os first and second read above without reference to the District Level Empowered Committee.”

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3. In view of the aforesaid Government Order, the petitioner's claim for reimbursement of the expenses incurred for treatment of the Covid-19 virus infection in a non-network hospital is permissible.

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4. Accordingly, the petitioner is granted liberty to re-submit his application to the respondents herein and on receipt of such application, the respondents shall reimburse the eligible amount incurred by the petitioner in accordance with G.O.Ms.No.165, Finance [Health Insurance] Department dated 01.06.2022, within a period of four (4) weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12588 of 2022

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5.With the above directions, this Writ Petition stands allowed. There

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shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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19.07.2022

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Index : Yes / No Speaking Order/ Non Speaking Order TM

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1.The Additional Chief Secretary, Finance (Health Insurance) Department, Secretariat, Chennai – 600 009.

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2.The Commissioner of Treasuries and Accounts,

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3^rd Floor, Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai – 600 035.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12588 of 2022

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M.S.RAMESH,J.

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W.P.(MD) No.12588 of 2022

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19.07.2022

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https://www.mhc.tn.gov.in/judis

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Rajarajan S v. The Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Rajarajan S v. The Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

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