VASUMATHI Vs. SECRETARY, COMMERCIAL TAX DEPARTMENT

JUDGEMENT

(1.) THE husband of the petitioner was working as Office Assistant in the office of Deputy Commissioner, Commercial Tax Department, Madurai Division. He underwent treatment for lung cancer from 13.07.1997 to 04.08.1997 at Premier Specialities and Heart Foundations, Kilpauk, Chennai and from 04.08.1997 to 12.09.1997 at Dr. Rai Memorial Medical Centre, Teynampet, Chennai - 18. However, he died on 25.12.1997. He had incurred expenditure of Rs.57,826.88. The petitioner claimed reimbursement of the expenditure under the Tamil Nadu Government Employees Health Fund Scheme. Subsequently, lot of correspondences took between various authorities and there were objections that the treatment was taken by the husband of the petitioner in the unaccredited private hospital.

(2.) THE Commissioner of Commercial Taxes sent the proposals that the petitioner is entitled for reimbursement of the expenditure, even her husband had taken treatment in the unaccredited private hospital, pursuant to G.O.Ms.No.383 Finance Department dated 28.09.2001. As per G.O.Ms.No.383 Finance Department dated 28.09.2001, reimbursement could be allowed to a maximum extent of Rs.50,000.00 or 50% of the actual costs of the treatment, whichever is less.

(3.) HOWEVER , the amount that was sanctioned after seven years of treatment was not disbursed by the fourth respondent. Hence, the petitioner has filed the present writ petition, seeking for a direction to the respondents to disburse the medical claim amount based on G.O.(D)No.2 dated 01.01.2004 with 15% interest per annum and also to direct the respondents to pay compensation of Rs.1 lakh for delaying the disbursement of the medical claim amount awarded by the first respondent in accordance with law.