High Court · 2025

W.P No.9736 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.06.2025CORAMTHE HONOURABLE MR. JUSTICE C.KUMARAPPANWrit Petition No.9736 of 2025andWrit Miscellaneous Petition No.10917 of 2025Ganapathy Asari ... Petitioner ..Vs..1.The Government of Tamil Nadu,By its Secretary,Finance Department,Chennai 600009.2.The District Collector,District Level Empowered Committee,Government Employees Medical Insurance Scheme,Kanyakumari.3.The Joint Director of Medical and Rural Health Services, Member Secretary,District Level Empowered Committee,Kanyakumari.4.The District Treasury Officer,District Treasury Office, Nagercoil.5. United India Insurance Company Limited,1/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025LBO, 010600, Silligni Buildings,134, Greams Road, Chennai – 600006.... RespondentsPRAYER: 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 5th respondent Reference No.010600/MA/CRS-405/4/2024 dated 16.12.2024 and quash the same as illegal direct the respondents to pay the medical reimbursement amount of Rs.1,21,770/- to the petitioner with interest of 12% from the date of filing this Writ Petition to date of realization within stipulated time.For Petitioner :Mr.M.SridharFor Respondents : Mr.M.Azizullah Khan, Government Advocate for RR1 & 4Mr.N.Naveen Kumar,Government Advocate for R2Mr.K.Tippu Sultan,Government Advocate for R3ORDERThe present writ petition has been filed with a prayer to quash the impugned proceedings in Reference No.010600/MA/CRS-405/4/2024 dated 16.12.2024 passed by the 5th respondent.2/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 20252. The learned counsel appearing on behalf of the petitioner would submit that the petitioner was appointed as a Teacher during November 1970 and thereafter, retired from service on superannuation on 31.07.2002 as the Head Master of Kallankuzhi Government Primary School. The petitioner has underwent treatment at Ananthapuri Hospitals and Research Institute in Thiruvananthapuram. When the petitioner sent an application for reimbursement of medical expenditure, the same was reneged by quoting G.O.Ms.No.222, dated 30.06.2018.3. At this juncture, the learned Government Advocate appearing on behalf of the respondents would invite the attention of this Court about the order passed by the learned Single Judge in the batch of writ petitions in W.P.(MD).No.13429 of 2013 etc., batch dated 28.05.2019, wherein, the learned Single Judge after elaborately analyzing the length and breadth of the issue has ultimately called out the principles to be followed. For ready reference Para 80 of the Judgment is extracted hereunder:“80. In order to reconsider all these claim made by the 3/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025respective writ petitioners for medical reimbursement, by remitting the matters back, the following directions are issued: (i) All the impugned orders in the respective writ petitions in this batch of cases, are hereby quashed.(ii) The writ petitions where impugned orders are quashed as well as the writ petitions where mandamus sought for, are hereby remanded with directions to the concerned District Level Empowered Committee, before whom, these matters shall be placed and the Committee shall reconsider every individual case.(iii) While reconsidering, the Committee shall not reject any claim merely on the reason of non network hospital or non listed disease.(iv) The Committee, wherever possible, shall give suitable direction to the Insurance Company to reimburse the claim made by the respective claimant / employee / pensioner.(v) If the Committee finds some cases where the Insurance Company cannot be directed to reimburse, in those cases, suitable orders shall be passed directing / recommending the State authorities to reimburse the claim under Medical Attendance Rules. (vi) Once such orders are passed, the Insurance Company shall immediately reimburse the medical claim with 6% interest from the date of due till date of payment, within a period of thirty days from the date of receipt of such order to be passed by the Empowered Committee of the District concerned.(vii) On receipt of such orders / recommendation from 4/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025the Empowered Committee, the Sanctioning authority / State authority / High Power Committee in the State Level shall pass necessary orders allowing the medical reimbursement claimed by the individual claimant / employee / pensioner under the Medical Attendance Rules.(viii) While ordering medical reimbursement under Medical Attendance Rules, the rate approved, accepted or quoted by the Insurance Company under the Medical Insurance Scheme shall be taken as the rate and by calculating the reimbursement on the said rate, the reimbursement claim shall be immediately sanctioned and the amount shall be reimbursed to the claimant with 6% interest from the date of due till date of payment, within a period of thirty days from the receipt of the recommendation / order from the District Empowered Committee.”4. I have given my anxious consideration on either side submission.5. In view of the order of the learned Single Judge of this Court in W.P.(MD).No.13429 of 2013 etc., batch dated 28.05.2019, the impugned order dated 16.12.2024 is liable to be quashed.6. In the result, the writ petition is allowed. The impugned order dated 16.12.2024 is quashed. The matter is remitted back to the 2nd respondent /The 5/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025District Collector, District Level Empowered Committee, Government Employees Medical Insurance Scheme, Kanyakumari for fresh consideration in accordance with applicable Rules and in line with the Judgment of this Court in W.P.(MD).No.13429 of 2013, dated 28.05.2019. No costs. Consequently, the connected miscellaneous petition stands closed. 27.06.2025ssiIndex : Yes Speaking Order : Yes/No Neutral Citation Case: Yes/No6/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025To:1.The Government of Tamil Nadu,By its Secretary,Finance Department,Chennai 600009.2.The District Collector,District Level Empowered Committee,Government Employees Medical Insurance Scheme,Kanyakumari.3.The Joint Director of Medical and Rural Health Services, Member Secretary,District Level Empowered Committee,Kanyakumari.4.The District Treasury Officer,District Treasury Office, Nagercoil.5. United India Insurance Company Limited,LBO, 010600, Silligni Buildings,134, Greams Road, Chennai – 600006.C. KUMARAPPAN, J.7/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025ssiW.P.No.9736 of 202527.06.2025WP NO. 9736 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS 8/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025DATED: 21-07-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP NO. 9736 of 2025ANDWMP NO. 10917 OF 2025 Ganapathi AsariS/o. Chinnaiyan, Presently Is Reside At No. 11 Ekathaman Avenu, Puzhal, Chennai 600 066. Petitioner(s) VsThe Government Of TamilnaduBy Its Secretary, Finance Department, Chennai and 4 Others Respondent(s) WMP NO. 10917 of 2025Ganapathi AsariS/o. Chinnaiyan Presently Is Reside At N. 11 Ekathaman Avenue, Puzhal, Chennai 600 066. Petitioner(s) VsThe Government Of TamilnaduBy Its Secrtary Finance Department, Chennai and 4 Others Respondent(s) WP NO. 9736 of 2025For Petitioner(s): M/s. M.SridharFor Respondent(s): M/s.M.Azizullah Khan GA For Rr1 & R4Mr.N.Naveen Kumar Govt.Advocate For R29/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025Mr.K.Tippu Sultan, Govt.Advocate For R3M/s. P.Athiveerarama Pandian, For R5WMP NO. 10917 of 2025For Petitioner(s): For Respondent(s): ORDERThe matter is today listed under the caption 'for being mentioned'.2.It is mentioned that appearance for the fifth respondent has not been mentioned in the order dated 27.06.2025.3.Registry is directed to mention the name of Mr.P.Athiveerarama Pandian for R5 in the appearance portion of the order dated 27.06.2025 in W.P.No.9736 of 2025 and issue fresh order copy to the respective learned counsel appearing for the parties. 21-07-2025WP NO. 9736 of 2025To1. The Government Of TamilnaduBy Its Secretary, Finance Department, Chennai2. The District CollectorDISTIRCT LEVEL EMOWERED COMMITTEE, GOVERNMENT eMPOYEES MEDICAL INSURANC E SCHEME, KANYAKUMARI3. The Joint Director Of Medical And Rural Health Services Member SecretaryDistrict Level Empowered Committee, Kanyakumari4. The District Treasury Officer10/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025District Treasury Office, Namakal5. United India Insurance Company LimtedLbo 010600 Sillni Building, 134 Greams Road, Chennai 600 006.WMP NO. 10917 of 20251. The Government Of TamilnaduBy Its Secrtary Finance Department, Chennai2. The District CollecorDistrict Level Empowered Committeee, Governmetn Employees Medical Insurance Scheme, Kanyakumri3. The Joint Director Of Medical And Rural Health Serives Member SecretaryDistrict Level Empowered Committee, Kanyakumari4. The District Treasury Office RDistrict Treasury Office, Nagercoil5. United Inida Insuranc Ecompany LimitedLbo 010600 Silini Building, 134 Greams Road, Chennaipri11/11

W.P No.9736 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.06.2025CORAMTHE HONOURABLE MR. JUSTICE C.KUMARAPPANWrit Petition No.9736 of 2025andWrit Miscellaneous Petition No.10917 of 2025Ganapathy Asari ... Petitioner ..Vs..1.The Government of Tamil Nadu,By its Secretary,Finance Department,Chennai 600009.2.The District Collector,District Level Empowered Committee,Government Employees Medical Insurance Scheme,Kanyakumari.3.The Joint Director of Medical and Rural Health Services, Member Secretary,District Level Empowered Committee,Kanyakumari.4.The District Treasury Officer,District Treasury Office, Nagercoil.5. United India Insurance Company Limited,1/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025LBO, 010600, Silligni Buildings,134, Greams Road, Chennai – 600006.... RespondentsPRAYER: 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 5th respondent Reference No.010600/MA/CRS-405/4/2024 dated 16.12.2024 and quash the same as illegal direct the respondents to pay the medical reimbursement amount of Rs.1,21,770/- to the petitioner with interest of 12% from the date of filing this Writ Petition to date of realization within stipulated time.For Petitioner :Mr.M.SridharFor Respondents : Mr.M.Azizullah Khan, Government Advocate for RR1 & 4Mr.N.Naveen Kumar,Government Advocate for R2Mr.K.Tippu Sultan,Government Advocate for R3ORDERThe present writ petition has been filed with a prayer to quash the impugned proceedings in Reference No.010600/MA/CRS-405/4/2024 dated 16.12.2024 passed by the 5th respondent.2/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 20252. The learned counsel appearing on behalf of the petitioner would submit that the petitioner was appointed as a Teacher during November 1970 and thereafter, retired from service on superannuation on 31.07.2002 as the Head Master of Kallankuzhi Government Primary School. The petitioner has underwent treatment at Ananthapuri Hospitals and Research Institute in Thiruvananthapuram. When the petitioner sent an application for reimbursement of medical expenditure, the same was reneged by quoting G.O.Ms.No.222, dated 30.06.2018.3. At this juncture, the learned Government Advocate appearing on behalf of the respondents would invite the attention of this Court about the order passed by the learned Single Judge in the batch of writ petitions in W.P.(MD).No.13429 of 2013 etc., batch dated 28.05.2019, wherein, the learned Single Judge after elaborately analyzing the length and breadth of the issue has ultimately called out the principles to be followed. For ready reference Para 80 of the Judgment is extracted hereunder:“80. In order to reconsider all these claim made by the 3/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025respective writ petitioners for medical reimbursement, by remitting the matters back, the following directions are issued: (i) All the impugned orders in the respective writ petitions in this batch of cases, are hereby quashed.(ii) The writ petitions where impugned orders are quashed as well as the writ petitions where mandamus sought for, are hereby remanded with directions to the concerned District Level Empowered Committee, before whom, these matters shall be placed and the Committee shall reconsider every individual case.(iii) While reconsidering, the Committee shall not reject any claim merely on the reason of non network hospital or non listed disease.(iv) The Committee, wherever possible, shall give suitable direction to the Insurance Company to reimburse the claim made by the respective claimant / employee / pensioner.(v) If the Committee finds some cases where the Insurance Company cannot be directed to reimburse, in those cases, suitable orders shall be passed directing / recommending the State authorities to reimburse the claim under Medical Attendance Rules. (vi) Once such orders are passed, the Insurance Company shall immediately reimburse the medical claim with 6% interest from the date of due till date of payment, within a period of thirty days from the date of receipt of such order to be passed by the Empowered Committee of the District concerned.(vii) On receipt of such orders / recommendation from 4/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025the Empowered Committee, the Sanctioning authority / State authority / High Power Committee in the State Level shall pass necessary orders allowing the medical reimbursement claimed by the individual claimant / employee / pensioner under the Medical Attendance Rules.(viii) While ordering medical reimbursement under Medical Attendance Rules, the rate approved, accepted or quoted by the Insurance Company under the Medical Insurance Scheme shall be taken as the rate and by calculating the reimbursement on the said rate, the reimbursement claim shall be immediately sanctioned and the amount shall be reimbursed to the claimant with 6% interest from the date of due till date of payment, within a period of thirty days from the receipt of the recommendation / order from the District Empowered Committee.”4. I have given my anxious consideration on either side submission.5. In view of the order of the learned Single Judge of this Court in W.P.(MD).No.13429 of 2013 etc., batch dated 28.05.2019, the impugned order dated 16.12.2024 is liable to be quashed.6. In the result, the writ petition is allowed. The impugned order dated 16.12.2024 is quashed. The matter is remitted back to the 2nd respondent /The 5/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025District Collector, District Level Empowered Committee, Government Employees Medical Insurance Scheme, Kanyakumari for fresh consideration in accordance with applicable Rules and in line with the Judgment of this Court in W.P.(MD).No.13429 of 2013, dated 28.05.2019. No costs. Consequently, the connected miscellaneous petition stands closed. 27.06.2025ssiIndex : Yes Speaking Order : Yes/No Neutral Citation Case: Yes/No6/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025To:1.The Government of Tamil Nadu,By its Secretary,Finance Department,Chennai 600009.2.The District Collector,District Level Empowered Committee,Government Employees Medical Insurance Scheme,Kanyakumari.3.The Joint Director of Medical and Rural Health Services, Member Secretary,District Level Empowered Committee,Kanyakumari.4.The District Treasury Officer,District Treasury Office, Nagercoil.5. United India Insurance Company Limited,LBO, 010600, Silligni Buildings,134, Greams Road, Chennai – 600006.C. KUMARAPPAN, J.7/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025ssiW.P.No.9736 of 202527.06.2025WP NO. 9736 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS 8/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025DATED: 21-07-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP NO. 9736 of 2025ANDWMP NO. 10917 OF 2025 Ganapathi AsariS/o. Chinnaiyan, Presently Is Reside At No. 11 Ekathaman Avenu, Puzhal, Chennai 600 066. Petitioner(s) VsThe Government Of TamilnaduBy Its Secretary, Finance Department, Chennai and 4 Others Respondent(s) WMP NO. 10917 of 2025Ganapathi AsariS/o. Chinnaiyan Presently Is Reside At N. 11 Ekathaman Avenue, Puzhal, Chennai 600 066. Petitioner(s) VsThe Government Of TamilnaduBy Its Secrtary Finance Department, Chennai and 4 Others Respondent(s) WP NO. 9736 of 2025For Petitioner(s): M/s. M.SridharFor Respondent(s): M/s.M.Azizullah Khan GA For Rr1 & R4Mr.N.Naveen Kumar Govt.Advocate For R29/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025Mr.K.Tippu Sultan, Govt.Advocate For R3M/s. P.Athiveerarama Pandian, For R5WMP NO. 10917 of 2025For Petitioner(s): For Respondent(s): ORDERThe matter is today listed under the caption 'for being mentioned'.2.It is mentioned that appearance for the fifth respondent has not been mentioned in the order dated 27.06.2025.3.Registry is directed to mention the name of Mr.P.Athiveerarama Pandian for R5 in the appearance portion of the order dated 27.06.2025 in W.P.No.9736 of 2025 and issue fresh order copy to the respective learned counsel appearing for the parties. 21-07-2025WP NO. 9736 of 2025To1. The Government Of TamilnaduBy Its Secretary, Finance Department, Chennai2. The District CollectorDISTIRCT LEVEL EMOWERED COMMITTEE, GOVERNMENT eMPOYEES MEDICAL INSURANC E SCHEME, KANYAKUMARI3. The Joint Director Of Medical And Rural Health Services Member SecretaryDistrict Level Empowered Committee, Kanyakumari4. The District Treasury Officer10/11 https://www.mhc.tn.gov.in/judis W.P No.9736 of 2025District Treasury Office, Namakal5. United India Insurance Company LimtedLbo 010600 Sillni Building, 134 Greams Road, Chennai 600 006.WMP NO. 10917 of 20251. The Government Of TamilnaduBy Its Secrtary Finance Department, Chennai2. The District CollecorDistrict Level Empowered Committeee, Governmetn Employees Medical Insurance Scheme, Kanyakumri3. The Joint Director Of Medical And Rural Health Serives Member SecretaryDistrict Level Empowered Committee, Kanyakumari4. The District Treasury Office RDistrict Treasury Office, Nagercoil5. United Inida Insuranc Ecompany LimitedLbo 010600 Silini Building, 134 Greams Road, Chennaipri11/11