D.IRENE Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus praying to quash the impugned order dated 09.05.2016 passed by the third respondent and consequently to direct the respondents to disburse the amount spent by the petitioner for the treatment underwent by her.

(2.) Heard the learned counsel appearing for the petitioner, the learned Government Advocate, appearing for the respondents 1,2,4 and 5 and the learned counsel for the third respondent.

(3.) The case of the petitioner is that the petitioner is working as P.G.Assistant (English) at Kallar Higher Secondary School, Ayyappanaickanpatty. She is the member of the Government of Tamil Nadu Employees New Health Insurance Scheme and she is also contributing to the said scheme. On 21.03.2014, when she was travelling in Madurai to Punalur Passenger Train from Madurai to Thiruvananthapuram, she suffered from chest pain and she was admitted in ICU, Thiruvananthapuram Medical College Hospital and she underwent Anjio Blast Surgery and she was discharged from the hospital on 07.04.2014. She was also taking treatment in NIMS Hospital, Neyyattinkarai. She had totally spent a sum of Rs.1,79,311.75 for medical treatment. Thereafter, she made an application to the Head Master, Government Kallar Higher Secondary School, Ayyappanayakkanpatti, Madurai on 23.04.2014, enclosing all the bills and discharge summary for medical reimbursement and the same was forwarded to the Joint Director of Rural Health Services, Usilampatti, who in turn, returned the same requesting to send thorough the District Level Committee. The third respondent after receiving the same, has forwarded to the second respondent. Thereafter, she made an application to the fourth respondent on 30.04.2104, who in turn, by the order dated 07.05.2015, directed the Joint Director of Health Services to enquire into the same. The District Collector, by the order dated 31.08.2015, called her to appear on 08.09.2015 at 04.00 p.m. and accordingly she also appeared and produced all the documents. Thereafter, the same was forwarded to the third respondent. The third respondent on 09.05.2016, rejected her claim for medical reimbursement stating that she is not eligible to get medical reimbursement and the hospital, where she has taken treatment, does not found place in the list of Network hospital mentioned in G.O.No.680, dated 29.07.2013 issued by the Finance (Salaries) Department. Challenging the same, this writ petition has been filed.