Dr.K. Selvakumar v. The Secretary to Govt.,

ORDER The petitioner is working as a Senior Assistant Professor in the Department of Pediatrics in the Government Medical College and Hospital, Theni. Since he was affected by Hepatitis B related chronic liver disease, he underwent liver transplantation on 19.04.2013 and he incurred a sum of Rs.25 lakh towards surgery and another sum of Rs.10 lakhs for follow up treatment and drugs. Since he is a Government Servant and subscriber of the Health Insurance Scheme, he applied for medical reimbursement under the Health Insurance Scheme. However, a sum of Rs.4 lakhs alone was provided to him as he is eligible upto that amount. Therefore, he sought for the remaining amount under the Chief Minister's Comprehensive Health Insurance Scheme and made a representation to the first respondent. The first respondent, by his letter dated 23.04.204, rejected the request of the petitioner as he has already been provided with medical reimbursement under the Group Insurance Scheme. As against the same, the present writ petition has been filed.

¶2The learned counsel appearing for the petitioner submits that when the Chief Minister's Comprehensive Health Insurance Scheme is applicable to every citizen of the State, the benefit under the said Scheme has to be extended to the petitioner also.

¶3The learned Additional Government Pleader appearing for the respondents submits that the Chief Minister's Health Insurance Scheme is introduced only for poor and marginalized people, who are having income upto Rs.1.20 lakh per year. Since the petitioner is working as Senior Assistant Professor in the Government Medical College Hospital, Theni, he is not entitled for medical reimbursement under the said Scheme.

¶4In view of the submission made by the learned Additional Government Pleader, this Court is not inclined to interfere with the order of the first respondent. The petitioner can seek the balance re-imbursement amount under the Medical Attendance Rules.

¶5Accordingly, this writ petition is disposed of. The petitioner shall find out the eligibility of his treatment under the Medical Attendance Rules and make a fresh representation before the first respondent. If such representation is filed, the first respondent shall consider the same, as per the amended Medical Attendance Rules. No costs. Consequently, connected miscellaneous petition is closed.

27.04.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To

¶1The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.

¶2The Director of Medical Education, Kilpauk, Chennai – 600 010.

B.PUGALENDHI, J. ogy

27.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)No.1 of 2014 R.Selvakumar ... Petitioner versus 1. The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009. 2. The Director of Medical Education, Kilpauk, Chennai – 600 010. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the Impugned Order in Letter No.33136/B1/2013-6 dated 23.04.2014 on the file of the 1st respondent and quash the same and further direct the respondent to extend the benefit of Chief Minister's Comprehensive Health Insurance Scheme (CMCHIS) to the petitioner by reimbursing his medical expenditure of liver transplantation. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.G.V.Vairam Santhosh, Additional Govt. Pleader