Disposed

Kumar.M v. The Secretary

Madras HC4 Jun 2024WP(MD)/22696/2022

Case brief

AI extract

What is this about?

A petitioner sought mandamus for medical reimbursement of Rs.95,800 for his wife's surgery under NHIS after the District Level Empowered Committee rejected the claim and sanctioned only Rs.3,805 under the Tamil Nadu Medical Attendance Rules. The court disposed of the petition with liberty to appeal to the State Level Empowering Committee within four weeks.

What did the court decide?

Liberty to prefer appeal to State Level Empowering Committee within four weeks; committee to dispose of appeal within four weeks thereafter.

Kumar.M Vs The Secretary — Pension and Retirement Benefits | Madras HC (2024)

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WP(MD). No.22696 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 04/06/2024

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CORAM

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

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WP(MD). No.22696 of 2022

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M.Kumar ... Petitioner

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1.The Secretary Government of Tamilnadu Finance Department St. George Fort, Chennai 600 009.

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2.The Commissioner Treasury and Accounts Department Amma Complex 3^rd Floor Nandanam, Anna Salai Chennai 600 035.

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3.The District Collector District Level Empowered Committee Collectorate Madurai

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4.The Joint Director of Medical and Rural Health Services, Madurai at Usilampatti Villani Salai, District TB Centre Usilampatti, Madurai

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

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WP(MD). No.22696 of 2022

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5.The Executive Engineer No.2 Inspector Quarters New Natham Road TSP VI Bn Campus Madurai 14

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6.The Senior Divisional Manager, United India Insurance Company Divisional Office VI 5^th Floor, PLA Rathna Tower 212 Anna Salai Chennai. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus to direct the 2^nd respondent to consider the proposal forwarded by the 5^th respondent in Lr.No.A1/0001/2021 dated 18.08.2021 and to provide medical reimbursement of Rs.95,800/- (Rupees ninety five thousand eight hundred only) to the petitioner towards the medical expenses incurred for the surgery conducted to his wife namely Umamaheswari.

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For Petitioner : M/s.P.Balamurugan For Respondents : Mr.J.Ashok for R1 to R5 Additional Government Pleader Mr.A.Shajahan for R6

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ORDER

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The petitioner has filed this writ petition for a mandamus to direct

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the 2^nd respondent to consider the proposal forwarded by the 5^th respondent dated 18.08.2021 and to provide medical reimbursement to the petitioner.

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

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WP(MD). No.22696 of 2022

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

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Additional Government Pleader for the respondents 1 to 5 and the learned standing counsel for the 6^th respondent.

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3 . The learned counsel for the petitioner submitted that the petitioner is a beneficiary under the NHIS and for the surgery of the petitioner's wife at Meenakshi Mission Hospital, the petitioner spent a sum of Rs.95,800/-. When the petitioner has sought medical reimbursement on 12.06.2020 from the respondents, the same has not been considered and hence, the petitioner is before this court.

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4 . As per the submission of the learned counsel for the petitioner, it

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is learnt that District Level Empowering Committee has rejected the claim of the petitioner and the petitioner has been sanctioned with a sum of Rs.3,805/- under the Tamil Nadu Medical Attendance Rules. Despite

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the petitioner has got an appeal remedy before the State Level Empowering Committee, the petitioner has filed this writ petition without invoking the same.

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

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WP(MD). No.22696 of 2022

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5. In view of the above, this writ petition is disposed of with

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liberty to the petitioner to prefer an appeal to the State Level Empowering Committee within four weeks from the date of receipt of a copy of this order. On receipt of the same, the State Level Empowering Committee shall dispose of the said appeal within a period of four weeks thereafter. No costs.

04.06.2024

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

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The Commissioner of Treasuries, and Accounts / Joint Director,

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Department of Treasuries and Accounts, 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chenna.

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

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

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WP(MD). No.22696 of 2022

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R.N.MANJULA,J

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ORDER IN WP(MD) No.22696 of 2022

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Date : 04/06/2024

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

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Kumar.M v. The Secretary

Case brief

What is this about?

What did the court decide?

Kumar.M v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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