LAWS(MAD)-2018-2-946

K. KUMARARAJA Vs. GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY, RURAL DEVELOPMENT & PANCHAYAT DEPARTMENT,

Decided On February 13, 2018
K. Kumararaja Appellant
V/S
Government Of Tamil Nadu, Rep. By Its Secretary, Rural Development And Panchayat Department, Respondents

JUDGEMENT

(1.) The Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to reimburse the medical expenses of Rs. 2,55,356/- incurred by the petitioner for taking medical treatment at M/s. Sudha Hospital, Erode, with interest at the rate of 9% from 05.01.2017 i.e. the date of payment made by the petitioner to the hospital till date of reimbursement made to the petitioner within the time fixed by this Court.

(2.) According to the petitioner, he is working as Jeep Driver in the 3rd respondent office and joined duty on 12.12.2007. While so, on 02.01.2017 at 3.30 p.m. while he was on duty, he suffered severe heart attack and immediately, he was admitted in M/s. Sudha Hospital, Erode, in order to save his life as in-patient in a serious condition. He has undergone Angio Blast and three stents were also placed in his heart. Thereafter, he was discharged from the hospital on 05.01.2017. At the time of his discharge, he paid the total medical expenses of Rs. 2,55,356/- to the said hospital.

(3.) Further according to the petitioner, he is covered by the New Health Insurance Scheme 2012 of the Government of Tamil Nadu through G.O.Ms. No. 169, dated 9.6.2016 and G.O.Ms. No. 202 dated 30.06.2016, which provide health care assistance to the employees of Government Departments, Public Sector Undertakings, Statutory Boards, Local Bodies, State Government Universities with provision to avail assistance up to Rs. 4,00,000/-. Hence, the petitioner made an application seeking reimbursement of the medical expenses incurred by him for his treatment from the 5th respondent M/s. United India Insurance Company Limited as the insurance premium is being regularly deducted from his salary. However, the 2nd respondent herein informed the petitioner by his Office Letter dated 24.07.2017 stating that the petitioner took the treatment in a Non-Network Hospital, which was not approved by the above said Scheme. Hence, the present Writ Petition.