Madras High Court
Mr.A.Saravanan vs The Grievance Redressal Officer on 8 April, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No. 23665 of 2024
Mr.A.Saravanan ... Petitioner
..Vs..
1. The Grievance Redressal Officer
O/o. Joint Director of Medical and Rural Health Services
Government Head Quarter Hospital
Krishnagiri – 635 001.
2. District Level Empowered Committee,
Rep. by Chairman
The District Collector, District Collector Office
Collectorate Campus, Krishnagiri – 635 115.
3. The Manager
United India Insurance Company Ltd.,
Regional Office-VI
PLA Rathna Towers
5th Floor, 212 Annasalai
Chennai – 600 006. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Mandamus directing the third respondent to
release the medical claim No.33606960, 32669107, 31973100, 32622026
which was claimed through 20.01.2024 and the reminder claim
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm )
2
representation dated 18.06.2024 as per the New Health Insurance Scheme of
2021.
***
For Petitioner :: Mr. G.Prabhakar
For RR 1 & 2 :: Mr. M.Bindran
Additional Government Pleader
For 3rd Respondent :: Mr. P.Athiveera Rama Pandiyan
ORDER
The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the third respondent / the Manager, United India Insurance Company Ltd., Chennai, to release the medical claim No.33606960, 32669107, 31973100, 32622026 which was claimed through 20.01.2024 and the reminder claim representation dated 18.06.2024 as per the New Health Insurance Scheme of 2021.
2. In the affidavit filed in support of the Writ Petition, it had been contended that the writ petitioner is working as supervisor in Panchayat Union. He belongs to a socially and economically weaker section. He was https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm ) 3 able to get Government job after much difficulty. His son Dharmeshwar was affected with cancer in the month of May 2022. The treatment which the son undertook had been given in the discharge summary of the hospital where he had undertaken treatment.
3. A perusal of the discharge summary shows that the son was admitted for Hematopoetic Stem Cell Transplant, Central line insertion. The Stem Cell was donated by the writ petitioner. The son of the petitioner was afflicted with cancer requiring transplant of the borne. This particular operation was done after he was admitted to the hospital on 13.05.2022. He was discharged on 12.06.2022. At the time of discharge, he was continuously vomiting blood and required transmutation of blood. Since further treatment was not possible, he had been discharged. He had also developed oral ulcers and he was kept under continuous care. He was also started on conditioning chemotherapy from 23.07.2022 onwards. Thus, during the course of this hospitalisation, he was not only done started with conditioning chemotherapy but he underwent Haploidentical stem cell transplant donated by the petitioner herein as the father. The son could never recover from the desease which had afflicted him and he subsequently https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm ) 4 died.
4. The petitioner had placed a request on the policies seeking releasing of the amount.
5. The third respondent had taken a decision that treatment for the son of the petitioner fell under Annexure-I of the approved treatments and surgeries which had been stipulated in G.O.Ms.No. 160 dated 29.06.2021, Finance (Salaries) Department. The category come under Annexure-I relates to Oncology and it relates to Surgery management of all Malignant Tumors, Laser or Radiation Treatment of Malignancy, Chemotherapy for Treatment of Malignancy, Surgery for intracardiac Tumors, and life threatening Benign Tumors/Abscess. They are locations specific. However, the decease which had afflicted the son of the petitioner would actually fall under Annexure – 1A wherein it had been provided for the treatment and surgeries relating to chemotherapy, Radiotherapy and immunotherapy for all Malignancies including in patient procedures for diagnosis.
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6. As pointed out from the discharge summary, the son of the petitioner not only required Chemotherapy but also had to undergo transplant of the stem cell for which the petitioner himself was the donor.
7. This narrow interpretation by the third respondent defies logic and is extremely perverse and has been done without any consideration for human life or for the sufferings of the petitioner herein. The Official, who had passed the order, has no right to continue to claim to continue in office.
8. A Mandamus is issued directing the third respondent to process claim Nos. 33606960, 32669107, 31973100, 32622026 and inform the status to this Court.
9. It is to be noted that the Chief General Manager of the third respondent had been directed to be present in Court at 02.15 p.m., on 15.04.2025.
10. List the matter at 15.04.2025 at 02.15 p.m. The presence of the https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm ) 6 third respondent not only of the Chief General Manager but in this case, the Manager also must be present for them to express about knowledge of medicine and the knowledge which they have about transplant and Chemotherapy operations.
11. The Writ Petition stands disposed of. No order as to costs.
08.04.2025 vsg Index: Yes/No Internet: Yes/No To
1. The Grievance Redressal Officer O/o. Joint Director of Medical and Rural Health Services Government Head Quarter Hospital Krishnagiri – 635 001.
2. The Chairman District Level Empowered Committee, The District Collector, District Collector Office Collectorate Campus, Krishnagiri – 635 115.
3. The Manager United India Insurance Company Ltd., Regional Office-VI PLA Rathna Towers 5th Floor, 212 Annasalai https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm ) 7 Chennai – 600 006.
C.V.KARTHIKEYAN, J., vsg W.P.No. 23665 of 2024 08.04.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 07:10:10 pm )