The Madras High Court disposed of a writ petition seeking direction to sanction medical reimbursement. The court held that statutory remedies via District and State Level Empowering Committees and claims under the Medical Attendance Rules were available and unanswered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD) No.2246 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.2246 of 2022
C.Nirmala ... Petitioner
Vs.
1.The Secretary to Government Finance Department, Secretariat, Chennai.
2.The District Collector Kanyakumari District, Nagercoil.
3.The Joint Director of Medical and Rural Health Services (FAC) Kanyakumari District Nagercoil. ...Respondents
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Prayer
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent i.e., the Joint Director of Medical and Rural Health Service (FAC), Kanyakumari District in his Ref No.424/E3/RC/06/2020-13 dated 14.09.2020 and quash the same and consequently direct the first respondent i.e., the Secretary to government Finance Department Chennai to sanction the eligible amount to the petitioner since the claim of the petitioner cannot be rejected on the only ground that the treatment was taken in Non-network Hospital.
For Petitioner : Mr.G.Ramanathan
For Respondents : Mr.J.Ashok
Additional Government Pleader
ORDER
Heard Mr.G.Ramanathan, learned counsel for the
petitioner, Mr.J.Ashok, learned Additional Government Pleader
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appearing for the respondents.
2 . The medical reimbursement claimed by the petitioner
was rejected for the reason that the hospital in which the petitioner had taken treatment does not come under the network hospital and it is a non-emergency treatment.
3 . Since the above order of rejection has been passed by
the District Level Empowering Committee, the petitioner is at liberty to prefer an appeal before the State level Empowering Committee and in this regard, the petitioner has also been intimated by the third respondent.
4 . The petitioner without invoking the statutory remedy,
has straightaway filed this writ petition. It is up to the petitioner
even to place his claim for reimbursement under the Tamil Nadu Medical Attendance Rules as well.
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5 . With the above observatio n, the Writ Petition is
disposed of . No costs.
04.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM
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To
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R.N.MANJULA, J.
RM
Order made in W.P.(MD)No.2246 of 2022
Dated: 04.06.2024
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2 issues framed by the court
Whether the writ petition challenging the rejection of medical reimbursement should be entertained without invoking statutory remedies.
Whether the petitioner is required to file an appeal with the State level Empowering Committee before approaching the High Court.
2 provisions across 2 enactments
C. Nirmala
The Secretary to Government Finance Department
The District Collector Kanyakumari District
The Joint Director of Medical and Rural Health Services
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
