1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR WP(MD)No.8234 of 2011 S.Marimuthu :Petitioner -Vs- 1.The Government of Tamil Nadu, Represented by its Secretary, Department of Health and Family Welfare, Fort St. George, Chennai. 2.Grievance Redressal Committee, Tamil Nadu Government Employees New Health Insurance Scheme, Headed by District Collector, Tuticorin. 3.Star Health and Allied Insurance Company Ltd., Project Office, Tamil Nadu Government Employees New Health Insurance Scheme, No.8, New Tank Street, 2nd Floor, Nungampakkam, Chennai-600 034. :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to reimburse the medical expenses of the petitioner's daughter a sum of Rs.46,120.20 together with further interest under respondents Health Insurance Scheme. For Petitioner : No Appearance For Respondents: Mr.T.S.Mohammed Mohideen,Additional Government Pleader ORDER Mandamus sought for by the petitioner is to direct the respondents to reimburse the medical expenses of his daughter a sum of Rs.46,120.20 together with further interest under the respondents' Health Insurance Scheme. 2.The case of the petitioner is that his daughter had undergone the knee operation at Preethi Hospital, near to Mattuthavani at Madurai. He submitted a representation to the respondents claiming medical reimbursement under the Star Health and Allied Insurance Scheme. However, there is no response from the respondents. According to the petitioner, he is entitled for medical reimbursement of medical expenses for himself and his family members, as per the Government Order in G.O.Ms.No.430, Finance (Salaries) Department, dated 10.09.2007. Hence, the petitioner has come up with the present Writ Petition for the above said prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Similar issues, with regard to the treatment taken in the unlisted hospitals, mode of treatment not included in the Government Orders and belated applications submitted and whether it has to be considered or not, came up for consideration before this Court in the following Judgments:- "(a).K.Subramanian K. V. Special Commissioner and Commissioner of Treasuries and Accounts reported in 2006 (2) MLJ 267; (b).C.Nagamuthu V. State of Tamil Nadu reported in [2006(2) MLJ 747]; (c).G.Elavazhagan v. Commissioner of Treasuries and Accounts, reported in (2006) 4 MLJ 627; (d).E.Ramalingam V. Director of Collegiate Education reported in 2006 (3) MLJ 641 [D.MUEUGESAN, J]; (e).K.Balaswami V. Director of Pension reported in 2007 (3) MLJ 385 [P.JYOTHIMANI, J]; (f).K.Mani V Secy to Govt, Health & Family Welfare Dept reported in 2007(3) MLJ 34 [P.JYOTHIMANI, J]; (g).K.Sundararaj V.Mgmt. of T.N.S.T.Corporation (Madurai) Ltd, reported in 2006 4 MLJ 1183 [P.JYOTHIMANI, J]; and (h) Government of Tamil Nadu, Represented by its Secretary, Education Department, Fort.St.George, Chennai 600 009 and 3 others vs. P.Saigainathan, in W.A.(MD).No.327 of 2011, dated 04.03.2011." 4.The Supreme Court has recognized the right to health as Fundamental Right under Article 21 of the Constitution of India in the decision in State of Punjab and others v. Mohinder Singh Chawla and others reported in AIR 1997 SC 1225 and again in the case of Paschin Banga Khet Mazdoor Samity and others v. State of W.B and another reported in AIR 1996 SC 2426. 5.In the light of the above categorical pronouncements of the Supreme Court as well as this Court, the Writ Petition is allowed and the respondents are directed to sanction the eligible medical reimbursement amount to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (AE) / TRUE COPY / Sub Assistant Registrar To: 1.The Secretary, Government of Tamilnadu, Department of Health and Family Welfare, Fort St. George, Chennai. 2.Grievance Redressal Committee, Tamil Nadu Government Employees New Health Insurance Scheme, Headed by District Collector, Tuticorin. 3.Star Health and Allied Insurance Company Ltd., Project Office, Tamil Nadu Government Employees New Health Insurance Scheme, No.8, New Tank Street, 2nd Floor, Nungampakkam, Chennai-600 034. +1CC to The Special Government Pleader. SR.No.25209. SML Order made in WP(MD)No.8234 of 2011 RP/05.08.2011/2P/5C. Dated:- 27.07.2011. https://hcservices.ecourts.gov.in/hcservices/