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2014 DIGILAW 4238 (MAD)

S. Thilagambal v. Director of Pension D. M. S. Campus, Teynampet

2014-11-13

D.HARIPARANTHAMAN

body2014
Judgment 1. The petitioner's husband was a cancer patient. He was a Government employee. He was in receipt of pension. He took treatment both in Apollo Speciality Hospital, Chennai and Meenakshi Mission Hospital and Research Centre, Madurai during the period 03.04.1999 to 07.04.1999 and 08.04.1999 to 09.04.1999 respectively. He died on 09.04.1999. 2. The petitioner incurred expenditure to the tune of Rs.56,703.88 towards treatment underwent by her husband. Therefore, she made an application to the second respondent seeking to reimbursement of the amount. 3. Hence, the petitioner has filed this writ petition seeking to declare that she is entitled to Rs.44,749/- with interest @ 12% per annum. 4. A reply affidavit is filed by the first respondent. It is stated therein that initially Apollo Speciality Hospital, Chennai was not in the accredited list and the treatment underwent therein could not be considered for reimbursement. But later, the Government issued letter No.33592/Pension/2002-1 dated 13.08.2002 approving Apollo Speciality Hospital, Chennai also for taking treatment and reimbursement could be made for the same. 5. In this regard, it is relevant to extract paras 9, 11 and 12 of the reply affidavit, which reads as follows: “9. The Apollo Speciality Hospital, Chennai – 35 did not find place in the accredited list of Hospitals specified in relevant Government orders. Of late, the Government have issued orders in Govt. Lr.33592/Pen/2002-1, dated 13.08.2002 directing the Director of Pension to sanction and settle the claims of the government pensioners in respect of treatment surgery undergone in Apollo Speciality Hospital situated at No.320, Anna Salai, Padma Complex, Chennai – 35 from the Tamil Nadu Government Pensioners Health Fund Scheme, in respect of past cases and also future cases. Hence, all the claims for the treatment underwent in Apollo Speciality Hospitals, Chennai – 35 till 13.8.02 were rejected and the claims received after the issue of the above Government letter have been considered for sanction. The past cases which were rejected have also been now considered on resubmission. Likewise, this claim now resubmitted through the Hon'ble Tribunal has also been considered for sanction. Payment will be made on receipt of proper acquittance for a sum of Rs.30,766/- according to the norms followed in all cases of claims as follows: Gross 49,672.68 Disallowed Rs.8,652.00 Net Rs.41,020.68 75% Rs.30,766/- Therefore, the applicant will get totally Rs.36,071. Viz. 1) previously paid in Cheque No.431695 dt.7.3.01 - Rs. Payment will be made on receipt of proper acquittance for a sum of Rs.30,766/- according to the norms followed in all cases of claims as follows: Gross 49,672.68 Disallowed Rs.8,652.00 Net Rs.41,020.68 75% Rs.30,766/- Therefore, the applicant will get totally Rs.36,071. Viz. 1) previously paid in Cheque No.431695 dt.7.3.01 - Rs. 5,251.00 2) to be paid now on receipt of stamped receipt - Rs.30,766.00 Total - Rs.36,017.00 10......... 11. As far as Hospitals and Treatments concerned the treatment undergone in accredited list of hospitals alone are being considered for sanction, as per Government Orders. In the relevant Govt. Orders, only the Apollo Hospital Enterprises, Chennai-6, has alone been accredited (Sl.No.1). Only on receipt of Govt. orders in letter 33592/Pension/2002-1, dt: 13.08.2002, the Apollo Speciality Hospital, Chennai-35 has been considered for scrutiny, since 13.08.2002. The act of Director of Pension was according to rules in force. Hence it was legal and justified. It was based on facts only. 12. After the receipt of Government Letter No.33592/Pension/2002-1, dated 13.8.2002, the claims pertaining to Apollo Speciality Hospitals have been considered for scrutiny. Likewise, on receipt of this claim now resubmitted through the Tribunal, this case has also been scrutinized and a sum of Rs.30,766/- has been sanctioned in Director of Pension Proc.Rc.52621/02/E5, dated 9.01.2003, and will be paid on receipt of stamped acquittance (i.e.) advance stamped receipt from the applicant through the second respondent, according to the norms being followed in sanctioning such claims under Tamilnadu Govt. Pensioners Health Fund Rules and guidelines. As the act of the Director of Pension was in order and legal, the question of payment of interest does not arise.” 6. In the light of the above, I am of the view that no further adjudication is necessary in this writ petition. However, if the amount is not yet paid, the second respondent is directed to pay the same forthwith. 7. The writ petition is disposed of with the above observation and direction. No costs.