LAWS(MAD)-2014-1-285

N. CHIDHAMBARAM Vs. THE DIRECTOR/COMMISSIONER, AGRICULTURAL MARKETING AND AGRICULTURAL BUSINESS, THE SECRETARY, DINDIGUL MARKET COMMITTEE AND THE DIRECTOR, MEDICAL AND RURAL HEALTH SERVICE

Decided On January 21, 2014
N. Chidhambaram Appellant
V/S
Director/Commissioner, Agricultural Marketing And Agricultural Business, The Secretary, Dindigul Market Committee And The Director, Medical And Rural Health Service Respondents

JUDGEMENT

(1.) THE petitioner is a retired Government employee and sought for medical reimbursement for the heart surgery incurred by him. The request of the petitioner was rejected on the ground that the surgery undertaken by the petitioner was not emergent and the hospital in which it was performed does not form part of the approved hospital as mentioned in the Government Order in G.O.Ms. No. 377, Finance Department, dated 13.10.2005. Heard the learned counsel appearing for the petitioner and Mr. M. Murugan, learned Government Advocate appearing for the respondents.

(2.) AS rightly submitted by the learned counsel appearing for the petitioner, the issue involved is no longer res integra. Considering the very same issue, this Court in the order in W.P. No. 8449 of 2007 (A. Nagoor Pitchai v. State of Tamil Nadu rep. by the Director, Land and Survey Department, Ezhilagam, Chepauk, Chennai -5 and others) dated 15.09.2013, was pleased to held as follows:

(3.) I find that the above two decisions rendered by the learned single Judges of this Court squarely apply to the facts and circumstances of the present case and consequently the petitioner is entitled to succeed based on those two decisions rendered by this Court.