T.Balasubramanian v. The District Collector

ORDER This writ petition has been filed seeking a Writ of Mandamus, directing the respondents to consider and sanction the petitioner's claim, and further directing the respondents to reimburse eligible amount upto Rs.2,00,000/- under the New Health Insurance Scheme, 2021 in terms of G.O.Ms.No.120, dated 02.05.2022.

¶2The case of the petitioner is that his wife, Mrs.P.Ramalakshmi, while serving as a B.T. Assistant (Mathematics) Teacher at Government Higher Secondary School, Ayyanaroothu, Kayathar Taluk, Thoothukudi District, suffered a mid-stem stroke. After undergoing treatment for several days, she passed away on 22.05.2024. The petitioner claims to have incurred medical expenses of approximately Rs.23,00,000/- towards her treatment. However, since the petitioner's wife was covered under the New Health Insurance Scheme for Employees, 2021, introduced under G.O.Ms.No.160, Finance (Salaries) Department, dated

29.06.2021, as modified by G.O.Ms.No.120, Finance (Health Insurance-I) Department, dated 02.05.2022, the petitioner submitted a claim seeking reimbursement of the medical expenses incurred by him. The said claim was rejected by the 5th respondent vide communication dated

29.11.2024, wherein the petitioner was informed that, if he had any grievance, he could approach the District Level Empowerment Committee, State Level Empowerment Committee, or High Level Empowerment Committee, as applicable.

¶3In terms of the said communication, the petitioner submitted an appeal through the 4th respondent to be placed before the District Level Empowerment Committee (DLEC). Since no action was taken on the said appeal, the petitioner has approached this Court by filing the present writ petition.

¶4This matter came up for consideration on three earlier occasions and it was adjourned on each occasion to enable the learned Government Advocate to obtain instructions in the matter.

¶5Today, when the matter is taken up for consideration, M/s.K.Porkodi, learned Government Pleader, on instructions, submits that the appeal filed by the petitioner has now been placed before the District Level Empowerment Committee (DLEC) and it is yet to be considered. She further submits that an appropriate decision will be taken by the DLEC in accordance with the provisions contained in G.O.Ms.No.160, Finance (Salaries) Department, dated 29.06.2021, and G.O.Ms.No.120, Finance (Health Insurance-I) Department, dated

02.05.2022.

¶6The learned Counsel appearing for the 5th respondent submits that there is no necessity for the 5th respondent to file a counter affidavit in the present matter. He further contends that the District Level Empowerment Committee (DLEC) is not the competent authority to consider the petitioner's claim and that it is only the Commissioner of Treasuries who is competent to decide the appeal said to have been filed by the petitioner.

¶7Be that as it may, the 5th respondent, by proceedings dated

29.11.2024, informed the petitioner that, in the event of any grievance regarding the rejection of his claim for reimbursement, he could approach the District Level Empowerment Committee (DLEC), the State Level Empowerment Committee, or the High Level Empowerment Committee, as applicable. The petitioner having felt that the District Level Empowerment Committee is competent, he filed an appeal and the same is now placed before the DELC

¶8As submitted by the learned Government Pleader, the appeal filed by the petitioner will be considered by the District Level Empowerment Committee. In view of the above, this Court does not find any impediment in directing the District Level Empowerment Committee to consider the petitioner's appeal, taking into consideration of the provisions contained in G.O.Ms.No.160, dated 29.06.2021, and G.O.Ms.No.120, dated 02.05.2022, and to pass appropriate orders thereon in accordance with law.

¶9Accordingly, this writ petition is disposed of with a direction to the District Level Empowerment Committee, headed by the first respondent, to consider the petitioner's appeal and pass appropriate orders, after duly affording an opportunity of hearing to the fifth respondent, as expeditiously as possible and, in any event, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

29.06.2026 Index : Yes / No : Yes / No gvn To:

¶1The District Collector, District Collectorate, Thoothukudi District.

¶2The Chief Educational Officer, Tuticorin District.

¶3The District Educational Officer, District Education Office, Kovilpatti, Thoothukudi District.

¶4The Headmaster, Government Higher Secondary School, Ayyanaroothu, Kayathar Taluk, Thoothukudi District.

¶5The United India Insurance Co Ltd. LBO.010600, Sillingi Buildings No.134, Greams Road Chennai-600 006.

MUMMINENI SUDHEER KUMAR, J. gvn

29.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.06.2026 CORAM : THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR T.Balasubramanian ... Petitioner vs. 1. The District Collector, District Collectorate, Thoothukudi District. 2. The Chief Educational Officer, Tuticorin District. 3. The District Educational Officer, District Education Office, Kovilpatti, Thoothukudi District. 4. The Headmaster, Government Higher Secondary School, Ayyanaroothu, Kayathar Taluk, Thoothukudi District. 5. The United India Insurance Co Ltd. LBO.010600, Sillingi Buildings No.134, Greams Road Chennai-600 006. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to consider and sanction the petitioners claim, and further directing the respondents to reimburse eligible amount up to Rs. 2,00,000/- under the New Health Insurance Scheme, 2021 in terms of G.O.Ms.No.120 dated 02.05.2022, within a time frame to be stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.S.Kumar For Respondents : M/s.K.Porkodi Government Pleader For R1 to 4 : Mr.A.Shajahan For R5