S.M.VASANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The orders passed by the fifth respondent and the third respondent through proceedings dated 18.06.2019 and 09.10.2020 in O.Mu.No.2368/Ka4/2019 and Na.Ka.Ke.4/8258/20 respectively, are put under challenge in the present Writ Petition.

(2.) The brief facts of the case are as follows:-

(3.) While the learned counsel for the petitioner contended that the Insurance company has no authority to reject the decision of the DLEC, the learned counsel for the Insurance Company would submit that as per G.O.Ms.202 dated 30.06.2020 and the guidelines for the New Health Insurance Scheme, the decision of the DLEC are not binding on them and further, contended that the scheme itself is in the nature of a contract. It is his further contention that G.O.Ms. 241, Finance (Salaries) Department, dated 24.08.2016 and Finance Department of the Government of Tamil Nadu letter dated 21.08.2020, had clarified that the DLEC's recommendations are not binding on the Insurance Company.