High Court · 2025

W.P.No.7014 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.02.2025CORAM:THE HONOURABLE MRS. JUSTICE N.MALAW.P.No.7014 of 2022R.Srinivasan ... PetitionerVs1. The Commissioner Treasury and Accounts Anna Salai, Nandanam Chennai 600 035.2. The Treasury Officer, District Treasury Thiruvallur. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the records of the second respondent in Na.Ka.No.3321/R2/2021 dated 12.11.2021 and to quash the same and consequently direct the respondents to reimburse the medical expenses incurred by the petitioner towards the treatment of the petitioner's mother a sum of Rs.3,97,011 in 1/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022order dated 02.01.2020 considering the fact that the petitioner's mother was dependent on the petitioner. For Petitioner: M/s.Suneetha For Respondents : Mr.E.P.Senniyangiri Government Advocate O R D E RThis writ petition has been filed for issuance of a certiorarified mandamus to call for the records of the second respondent in his proceedings dated 12.11.2021, to quash the same and consequently direct the respondents to reimburse the medical expenses of Rs.3,97,011/- incurred by the petitioner towards the treatment of his mother who was his dependent.2. The writ petition has been filed challenging the 2nd respondent's order rejecting the petitioner's representation for reimbursement of medical expenses under the Tamil Nadu National Health Insurance Scheme for 2016, incurred by the petitioner for his mother's treatment. 2/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022The petitioner is a Government employee and is covered under the Tamil Nadu Government New Insurance Scheme, 2012. The petitioner is one among the 4 children of his parents and he is the only son. The petitioner's parents were under his care. The petitioner's mother aged about 79 years, suffered fits on 24.03.2021, and was rushed to nearby Mahalakshmi Hospital and admitted as an in-patient. Thereafter the petitioner's mother was shifted to Saveetha Medical Hospital, which is one of the recognised hospitals under the Insurance Scheme, on 26.03.2021 and discharged on 05.04.2021. Thereafter again the petitioner's mother suffered fits and had to be readmitted to the very same Saveetha Medical Hospital on 12.04.2021 and was discharged after a month on 12.05.2021. Later again she was readmitted in K.C.Multi Speciality Hospital on 25.05.2021 and unfortunately passed away on 19.06.2021. The entire medical expenses incurred for the petitioner's mother's treatment was Rs.3,97,011/-. Accordingly, along with the discharge summaries and the relevant Government Orders, including G.O.Ms.No.12 dated 02.01.2019, as well as G.O.Ms.No.391 dated 10.12.2018, the petitioner gave a representation to the second respondent 3/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022seeking for the reimbursement of the amounts spent by him on his mother's treatment. The second respondent rejected the petitioner's representation on the ground that Government Order in G.O.Ms.No.202 dated 30.06.2016, did not provide for coverage for parents under the Insurance Scheme. Aggrieved by the impugned order, the petitioner filed the above writ petition. 3. The respondents filed a detailed counter denying the contentions raised in the writ petition. According to the respondents, the petitioner was not entitled for reimbursement of the medical expenses incurred by him for the treatment of his mother. As per G.O.Ms.No.202 Finance (Salaries) Department dated 30.06.2016, there was no provision for medical assistance under the Tamil Nadu New Health Insurance Scheme, to the mother of a married employee. The respondents submitted that under clause 4 (iii) of the G.O.Ms.No.202 Finance (Salaries) Department dated 30.06.2016, parents of unmarried employees alone were entitled for medical reimbursement. According to the respondents, the scheme was a cashless scheme and therefore under the said scheme there was no 4/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022provision for reimbursement of any medical expenses but cashless treatment alone was permitted. The respondents referring to the judgment of the Hon'ble Division Bench of Madurai Bench of Madras High Court in the case of Star Health & Allied Insurnace Company Limited Vs A.Chokkar submitted that the petitioner would be eligible for medical reimbursement under the Tamil Nadu Medical Attendance Rules to the extent permissible under the said Rules, subject to the conditions prescribed therein. It was therefore submitted that the petitioner should apply under the Tamil Nadu Medical Attendance Rules to the competent authority for reimbursement of eligible expenses. 4. Heard both sides and perused the materials available on record. 5. The impugned order dated 12.11.2021 reads as follows:-ghh;it 1y; fz;Ls;s j';fspd; tpz;zg;gj;jpy; j';fSila jhahh; jpUkjp khyjp mth;fSf;F kUj;Jt rpfpr;ir nkw;bfhz;likf;fhd bryt[ bjhifia jpUk;g tH';f nfhhpa[s;sPh;fs;. Mdhy; ghh;it 2y; fz;Ls;s murhiz go jpUkzkhd muR Chpah; j';fspd; bgw;nwhiu epakhdjhuhf epakpf;fnth my;yJ ,Jnghd;w kUe;Jbrytpdj;ij 5/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022jpUk;g bgwnth tHptif ,y;iy vd;gjhy; j';fspd; tpz;zg;gk; mryhf ,j;Jld; ,izj;J jpUk;g mDg;gg;gLfpwJ/From a reading of the impugned order it is clear that the petitioner's representation for reimbursement for medical expenses was rejected on the basis of G.O.Ms.No.202 dated 30.06.2016. The said G.O.Ms.No.202 dated 30.06.2016, came up for consideration before the learned single Judge of 1-10this Court in W.P.No.35621 of 2019. In the said case the learned Judge in his order dated 02.01.2020 following the Division Bench judgment1-10 in W.A.No.1417 of 2018 held as under:- 8. The object of the Health Insurance Scheme 2016 is to help the employee to tide over the crisis faced by the employee due to a sudden and emergent medical emergency. The Government had thought it fit to appoint the United India Insurance Company Limited (the fifth respondent herein) for the implementation of the scheme and for the disbursement of the medical reimbursement. The scheme itself contemplates the list of 1-10hospitals where the employee and his family members can undergo treatment. It becomes important to take note of Annexure-I in G.O.Ms.202, dated 30.06.2016. Under Clause 4 of the Annexure, Family members are defined. Clause 4(iii) states that the parents of the employee will also be covered only till the employee remains unmarried. The said Clause, if it is 6/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022read literally on the face of it, sounds illegal and illogical. The parents of an employee will not cease to be parents after the marriage of the employee. Unfortunately, even though this society is moving towards a state where the parents are disregarded after marriage, this Court does not expect the Government to give a similar treatment for the parents of employees, who get married. This Clause cannot be read in isolation and it cannot be given a literal meaning, since it will end up with disturbing consequences. The only way to read this Clause is that the parents will continue to be treated as family members till they continue to be dependants of the Government em1-10ployee. If this Clause is not assigned this meaning, the poor parents will be left in lurch during the evening of their life and more particularly, considering the cost of medical care that is prevailing at present. Therefore, the real purport of this Clause is that the parents of the employee must continue to be the dependants of the employee and in which case they will also fall within the definition of 'Family members'. 6. In my view, the above said judgment squarely applies to the facts of this case and so the impugned order dated 12.11.2021, issued by the second respondent, cannot be sustained and hence the same is quashed. A direction is issued to the second respondent to consider the 7/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022petitioner's claim for reimbursement of medical expenses incurred by him for his mother's treatment for a sum of Rs.9,57,000/-, in the light of the orders passed by this Court, the Hon'ble Division Bench judgment in W.A.No.1417 of 2018 and as per his eligibility. The petitioner is directed to submit a fresh representation to the 2nd respondent, within a period of four weeks, from the date of receipt of a copy of this order and the third respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of four weeks thereafter. 7. With the above direction, the writ petition is disposed of. No costs. 20.02.2025dpqIndex: Yes/NoSpeaking order / Non speaking order8/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022N.MALA, J.dpqW.P.No.7014 of 20229/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 202220.02.2025To1. The Commissioner Treasury and Accounts Anna Salai, Nandanam Chennai 600 035.2. The Treasury Officer, District Treasury Thiruvallur.10/101-101-10

W.P.No.7014 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.02.2025CORAM:THE HONOURABLE MRS. JUSTICE N.MALAW.P.No.7014 of 2022R.Srinivasan ... PetitionerVs1. The Commissioner Treasury and Accounts Anna Salai, Nandanam Chennai 600 035.2. The Treasury Officer, District Treasury Thiruvallur. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the records of the second respondent in Na.Ka.No.3321/R2/2021 dated 12.11.2021 and to quash the same and consequently direct the respondents to reimburse the medical expenses incurred by the petitioner towards the treatment of the petitioner's mother a sum of Rs.3,97,011 in 1/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022order dated 02.01.2020 considering the fact that the petitioner's mother was dependent on the petitioner. For Petitioner: M/s.Suneetha For Respondents : Mr.E.P.Senniyangiri Government Advocate O R D E RThis writ petition has been filed for issuance of a certiorarified mandamus to call for the records of the second respondent in his proceedings dated 12.11.2021, to quash the same and consequently direct the respondents to reimburse the medical expenses of Rs.3,97,011/- incurred by the petitioner towards the treatment of his mother who was his dependent.2. The writ petition has been filed challenging the 2nd respondent's order rejecting the petitioner's representation for reimbursement of medical expenses under the Tamil Nadu National Health Insurance Scheme for 2016, incurred by the petitioner for his mother's treatment. 2/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022The petitioner is a Government employee and is covered under the Tamil Nadu Government New Insurance Scheme, 2012. The petitioner is one among the 4 children of his parents and he is the only son. The petitioner's parents were under his care. The petitioner's mother aged about 79 years, suffered fits on 24.03.2021, and was rushed to nearby Mahalakshmi Hospital and admitted as an in-patient. Thereafter the petitioner's mother was shifted to Saveetha Medical Hospital, which is one of the recognised hospitals under the Insurance Scheme, on 26.03.2021 and discharged on 05.04.2021. Thereafter again the petitioner's mother suffered fits and had to be readmitted to the very same Saveetha Medical Hospital on 12.04.2021 and was discharged after a month on 12.05.2021. Later again she was readmitted in K.C.Multi Speciality Hospital on 25.05.2021 and unfortunately passed away on 19.06.2021. The entire medical expenses incurred for the petitioner's mother's treatment was Rs.3,97,011/-. Accordingly, along with the discharge summaries and the relevant Government Orders, including G.O.Ms.No.12 dated 02.01.2019, as well as G.O.Ms.No.391 dated 10.12.2018, the petitioner gave a representation to the second respondent 3/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022seeking for the reimbursement of the amounts spent by him on his mother's treatment. The second respondent rejected the petitioner's representation on the ground that Government Order in G.O.Ms.No.202 dated 30.06.2016, did not provide for coverage for parents under the Insurance Scheme. Aggrieved by the impugned order, the petitioner filed the above writ petition. 3. The respondents filed a detailed counter denying the contentions raised in the writ petition. According to the respondents, the petitioner was not entitled for reimbursement of the medical expenses incurred by him for the treatment of his mother. As per G.O.Ms.No.202 Finance (Salaries) Department dated 30.06.2016, there was no provision for medical assistance under the Tamil Nadu New Health Insurance Scheme, to the mother of a married employee. The respondents submitted that under clause 4 (iii) of the G.O.Ms.No.202 Finance (Salaries) Department dated 30.06.2016, parents of unmarried employees alone were entitled for medical reimbursement. According to the respondents, the scheme was a cashless scheme and therefore under the said scheme there was no 4/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022provision for reimbursement of any medical expenses but cashless treatment alone was permitted. The respondents referring to the judgment of the Hon'ble Division Bench of Madurai Bench of Madras High Court in the case of Star Health & Allied Insurnace Company Limited Vs A.Chokkar submitted that the petitioner would be eligible for medical reimbursement under the Tamil Nadu Medical Attendance Rules to the extent permissible under the said Rules, subject to the conditions prescribed therein. It was therefore submitted that the petitioner should apply under the Tamil Nadu Medical Attendance Rules to the competent authority for reimbursement of eligible expenses. 4. Heard both sides and perused the materials available on record. 5. The impugned order dated 12.11.2021 reads as follows:-ghh;it 1y; fz;Ls;s j';fspd; tpz;zg;gj;jpy; j';fSila jhahh; jpUkjp khyjp mth;fSf;F kUj;Jt rpfpr;ir nkw;bfhz;likf;fhd bryt[ bjhifia jpUk;g tH';f nfhhpa[s;sPh;fs;. Mdhy; ghh;it 2y; fz;Ls;s murhiz go jpUkzkhd muR Chpah; j';fspd; bgw;nwhiu epakhdjhuhf epakpf;fnth my;yJ ,Jnghd;w kUe;Jbrytpdj;ij 5/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022jpUk;g bgwnth tHptif ,y;iy vd;gjhy; j';fspd; tpz;zg;gk; mryhf ,j;Jld; ,izj;J jpUk;g mDg;gg;gLfpwJ/From a reading of the impugned order it is clear that the petitioner's representation for reimbursement for medical expenses was rejected on the basis of G.O.Ms.No.202 dated 30.06.2016. The said G.O.Ms.No.202 dated 30.06.2016, came up for consideration before the learned single Judge of 1-10this Court in W.P.No.35621 of 2019. In the said case the learned Judge in his order dated 02.01.2020 following the Division Bench judgment1-10 in W.A.No.1417 of 2018 held as under:- 8. The object of the Health Insurance Scheme 2016 is to help the employee to tide over the crisis faced by the employee due to a sudden and emergent medical emergency. The Government had thought it fit to appoint the United India Insurance Company Limited (the fifth respondent herein) for the implementation of the scheme and for the disbursement of the medical reimbursement. The scheme itself contemplates the list of 1-10hospitals where the employee and his family members can undergo treatment. It becomes important to take note of Annexure-I in G.O.Ms.202, dated 30.06.2016. Under Clause 4 of the Annexure, Family members are defined. Clause 4(iii) states that the parents of the employee will also be covered only till the employee remains unmarried. The said Clause, if it is 6/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022read literally on the face of it, sounds illegal and illogical. The parents of an employee will not cease to be parents after the marriage of the employee. Unfortunately, even though this society is moving towards a state where the parents are disregarded after marriage, this Court does not expect the Government to give a similar treatment for the parents of employees, who get married. This Clause cannot be read in isolation and it cannot be given a literal meaning, since it will end up with disturbing consequences. The only way to read this Clause is that the parents will continue to be treated as family members till they continue to be dependants of the Government em1-10ployee. If this Clause is not assigned this meaning, the poor parents will be left in lurch during the evening of their life and more particularly, considering the cost of medical care that is prevailing at present. Therefore, the real purport of this Clause is that the parents of the employee must continue to be the dependants of the employee and in which case they will also fall within the definition of 'Family members'. 6. In my view, the above said judgment squarely applies to the facts of this case and so the impugned order dated 12.11.2021, issued by the second respondent, cannot be sustained and hence the same is quashed. A direction is issued to the second respondent to consider the 7/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022petitioner's claim for reimbursement of medical expenses incurred by him for his mother's treatment for a sum of Rs.9,57,000/-, in the light of the orders passed by this Court, the Hon'ble Division Bench judgment in W.A.No.1417 of 2018 and as per his eligibility. The petitioner is directed to submit a fresh representation to the 2nd respondent, within a period of four weeks, from the date of receipt of a copy of this order and the third respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of four weeks thereafter. 7. With the above direction, the writ petition is disposed of. No costs. 20.02.2025dpqIndex: Yes/NoSpeaking order / Non speaking order8/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 2022N.MALA, J.dpqW.P.No.7014 of 20229/101-101-10 https://www.mhc.tn.gov.in/judis W.P.No.7014 of 202220.02.2025To1. The Commissioner Treasury and Accounts Anna Salai, Nandanam Chennai 600 035.2. The Treasury Officer, District Treasury Thiruvallur.10/101-101-10