SECRETARY TO GOVERNMENT Vs. S. NELSON AND OTHERS

JUDGEMENT

(1.) Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader for the appellants, Mr.S.C.Herold Sing, learned counsel for the first respondent/writ petitioner and Mr.Haja Mohideen, learned counsel for the second respondent.

(2.) This appeal by the State is directed against the order in W.P. (MD).No.1509 of 2017, dated 27.02.2017. The said writ petition was filed by the first respondent, challenging the proceedings of the fourth appellant viz., the Treasurer, District Treasury Office, Nagercoil, Kanyakumari District, dated 23.08.2016, by which the fourth appellant indicated the reason for rejection of the writ petitioner's application for medical reimbursement on the ground that the treatment was taken in a non-network hospital. In this regard, a reference was made to G.O. (Ms).No.171, dated 26.06.2014 and Government Letter No. 34231/Pension/2015-1, dated 01.07.2015, issued by the Finance Secretary (Pension) Department. The writ Court, after taking into consideration the decision in the case of N. Raja v. The Government of Tamil Nadu, represented by its Secretary and others reported in 2016 (3) CTC 394 and the judgment in W.A. (MD). No. 1579 of 2016 (MD India Health care Services (TPA) Limited v. K. Parameshwari and others , dated 16.12.2016 , allowed the writ petition. Recently, in Writ Appeal (MD). Nos.75 to 78 of 2018, the Division Bench has tested the correctness of a similar order in an appeal filed by the State and the appeal was rejected by assigning the following reasons:

(3.) It is pointed out by the learned Special Government Pleader that the writ Court had directed payment of interest at 9% and it is submitted that the amount of interest awarded is excessive.