K.SHANTHI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to impugned letter bearing No.44097/Finance(Salaries)/2018, dated 18.09.2019 on the file of the first respondent and quash the same and consequently, directing the respondents to sanction and reimburse the eligible Medical expenses Rs.2,24,400/- and pay the same with 9% interest from the date of remittance of the amount to the listed hospitals by the respective petitioner till date of payment.

(2.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal.

(3.) The case of the petitioner is that the petitioner was worked as Assistant Director(grants) in Social Welfare Department and obtained voluntary retirement on 09.08.2018. The petitioner's husband has suffered massive heart attack and took treatment at various hospitals from 01.04.2016 to 24.05.2016 and spent huge sums of Rs.29,86,858/- for his medical expenses. The petitioner was a policy holder under the Tamil Nadu Government New Health Insurance Scheme 2012. The petitioner is a subscriber and the subscription is regularly deducted from her monthly salary. Thereafter, the petitioner made an application for medical reimbursement and the same was forwarded to Principal Secretary Department of Treasuries and Accounts vide Director Social Defence letter No.14695/C-1/2016, which was in turn forwarded to Joint Director Department of Medical and Rural Health Services vide Principal Secretary/Commissioner of Treasuries and Accounts letter No.9618/NHIS- 1/2017 to place before the District level committee. There is no further improvement on the side of the respondents. Thereafter, the petitioner filed a writ petition No.15279 of 2018, wherein this Court passed an order on 22.06.2018, directing the respondents to consider the request of the petitioner. For non-compliance of the said order, a Contempt Petition also filed in Cont.P.No.1221 of 2019 in WP.No.15279 of 2018. Though the orders was passed to consider the request of the petitioner to sanction and reimburse the eligible medical expenses, the petitioner's application was rejected by the first respondent vide impugned order dated 18.09.2019 stating that the treatment was taken in a non network hospital. Hence, this writ petition.