O R D E R

The present Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to disburse the medical claim amount of Rs.1,10,178/- to the petitioner based on the representation dated 23.08.2016 on the basis of recommendation of the 4th respondent dated

20.01.2010 and pass further orders.

2. The brief facts of the case is as follows:-

(i) The petitioner was initially joined as a Junior Assistant in the Police Department on 30.09.1976 and rendered his service without any remarks and he was given promotion periodically based on his performance and also length of service and finally he worked as a P.A.

Admin to Superintendent of Police.

(ii) While the petitioner was in service, on 28.01.2008, he was admitted in 'Appollo Hospital' at Chennai for Paralysis and he was discharged on 13.02.2008 and he spent a sum of Rs.1,10,178/- as a medical expenditure and thereafter, he made an application on 03.03.2008 through 4th respondent for reimbursement of his medical expenditure from the respondents 1 and 2. The said application was returned on 19.04.2008 by stating that the hospital which he took treatment was not on the approved list. Thereafter, on receipt of clarification letter and the necessary documents, the 2nd respondent was requested to get suitable action for reimbursement of petitioner's medical account.

(iii) Further, the 2nd respondent forwarded the letter requesting the 1st respondent to sanction the petitioner's medical reimbursement. The petitioner has also paid the monthly subscription properly and also sufficient amount is available in Tamilnadu Police Medical Scheme, but, thereafter, the 1st respondent did not paid the amount.

(iv) That apart, a representation dated 03.09.2012 was sent to the District Collector by requesting to direct the 4th respondent to get the petitioner's medical claim amount from the 1st respondent and stated the inability of the petitioner to maintain day today life, however, the medical reimbursement has not been received till date, hence this petition.

3. The learned counsel for the petitioner submits that though several representations were sent to the respondents, no action has been taken till date and the petitioner is fighting for the money, which he has actually spent on account of his ill health. Further is suffering to maintain his day today activities, thereby pleaded to allow the present petition.

4. Per contra, the learned Government Advocate appearing for the respondents would contend that since the treatment undergone by the petitioner does not fall under G.O.377 dated 13.10.2005, the 1st respondent had reimbursed under Rule 10(c) of Tamilnadu Medical Attendance Rules, as amended in G.O.Ms.1023 Health and Family Welfare Department dated 17.06.1980 to the petitioner. As per the Rules and letter of Dean, Rajiv Gandhi Govt., General Hospital dated 16.09.2015, a sum of Rs.4,287/- was sanctioned to the petitioner for his medical reimbursement and passed the G.O.(D) No.984 dated 17.10.2016. Since the said amount was sent to the petitioner vide registered post dated 15.06.2017, the letter requesting the amount was retured as refused, thereby pleaded to dismiss the petition.

5. Heard the learned counsels on either side and perused the documents placed on record carefully.

6. Admittedly, the Petitioner has taken treatment in a non-approved Hospital on account of emergent situation, which ultimately resulted in rejection of petitioner's claim. It is not in dispute that if the claim is approved, the Petitioner would be paid the medical benefits based on Tamil Nadu Medical Attendance Rules. The benefit of scheme, namely, the contract cannot be rewritten and it is only the Government to pay the amount incurred by the Petitioner/Employee/ patient/pensioner irrespective of constitution of the Committee. It is pertinent to mention here that the patient cannot search for an approved Hospital for getting admitted or for taking treatment during emergency. Earlier, this Court in the cas