Writ of Certiorarified Mandamus 2
Writ of Certiorarified Mandamus 2
Writ of Certiorarified Mandamus 2
25304 of 2018
DATED : 05.12.2023
CORAM:
W.P.(MD)No.25304 of 2018
and
W.M.P(MD)No.22916 of 2018
Vs.
2.Director,
Health and Rural Services,
Chennai.
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W.P.(MD)No.25304 of 2018
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in
O.Mu.No.16704/Kape1/3/2017, dated 02.04.2018 and quash the same as illegal
and arbitrary and in consequence thereof to direct the respondents to sanction and
reimburse medical expenses of Rs.1,24,576/- (Rupees One Lakh Twenty Four
Thousand Five Hundred and Seventy Six Only) for the left radical nephrectomy
with left hydrocele eversion treatment undergone by the petitioner at BRS
Hospital Private Limited, Chennai along with 9% interest till the date of payment.
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W.P.(MD)No.25304 of 2018
ORDER
writ petitioner issued by the Director of Health and Rural Services / 2nd
Medical Health Scheme. The petitioner was holding the post of Chief
petitioner had taken treatment as in patient by undergoing surgery for left renal
Chennai. The petitioner spent a sum of Rs.1,24,576/- (Rupees One Lakh Twenty
Four Thousand Five Hundred and Seventy Six Only) towards medical expenses.
claim petition of the petitioner was rejected by the 2nd respondent on the ground
that the petitioner undertook treatment in a non-network hospital and therefore, the
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W.P.(MD)No.25304 of 2018
respondents 1 to 6 has made a submission that the medical claim will be settled
only in the event of taking treatment in a network hospital and the hospital, in
which the petitioner took treatment, is not a network hospital and therefore, the
rejection is in order.
Company has made a submission that the order of rejection was passed by the 2nd
5.The issues regarding the settlement of the medical claim are no more
Several orders have been passed by the Courts to settle the medical reimbursement
claim and not to reject the same merely on the ground that the hospital is not
6.In the present case, the genunity of the treatment taken by the
petitioner has not been disputed. Once the treatment is found to be genuine, there
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W.P.(MD)No.25304 of 2018
7.In view of the facts and circumstances, the impugned order passed by
the 2nd respondent dated 02.04.2018 is set aside. The 7th respondent is directed to
settle the eligible medical reimbursement claim of the petitioner under the scheme
within a period of six (6) weeks from the date of receipt of a copy of this order and
the respondents 1 to 6 shall ensure that the payment is made by the 7th respondent
8.With the above direction, this Writ Petition stands allowed. No costs.
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.Principal Secretary to Government of Tamil Nadu,
Department of Finance (Pension),
Secretariat, Chennai.
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W.P.(MD)No.25304 of 2018
2.Director,
Health and Rural Services,
Chennai.
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W.P.(MD)No.25304 of 2018
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.P.(MD)No.25304 of 2018
05.12.2023
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