Facts
The petitioner, who received treatment for COVID-19 at a private hospital, claimed to have incurred expenses of ₹4,89,438.
Source reference: p. 2The fifth respondent insurer reimbursed ₹1,10,260.
Source reference: p. 2Relying on G.O.Ms.No.280, Finance (Salaries) Department, dated 24 June 2020, and a letter dated 1 February 2021 referring to ₹4,14,500, the petitioner sought a further ₹3,04,240 by writ of mandamus.
Source reference: pp. 2–3The respondents maintained that the amount eligible under the applicable criteria had been paid.
Source reference: pp. 2–3, 6Issues
Whether the petitioner was entitled to further COVID-19 medical reimbursement under G.O.Ms.No.280 beyond the ₹1,10,260 already paid.
Source reference: pp. 4–6Whether the first respondent’s letter referring to ₹4,14,500 established a final entitlement to that amount, irrespective of the applicable eligibility criteria.
Source reference: pp. 5–6Law Applied
G.O.Ms.No.280, Finance (Salaries) Department, dated 24 June 2020, provided for payment for COVID-19 critical care under applicable package rates, subject to a ceiling of ₹4,00,000 under Clause 4(i)(a); the Court read that provision harmoniously with Clause 4(ii) and the provisions concerning additional categories in Clause 4(i)(b).
Source reference: pp. 4–5The Court also referred to G.O.Ms.No.240, Health and Family Welfare (EAPI-I) Department, dated 5 June 2020, as governing the relevant existing critical-care package rates.
Source reference: p. 5The petition was brought under Article 226 seeking mandamus; no judicial precedents were relied upon.
Source reference: p. 1Reasoning
The Court held that the ₹4,00,000 ceiling was not an automatic reimbursement amount, but related to eligible critical-care package rates under the existing scheme.
Source reference: pp. 4–5The additional COVID-19 provisions addressed specified categories of expenses, and the insurer stated that it calculated the petitioner’s reimbursement using the applicable daily rate for his 12-day admission, resulting in payment of ₹1,10,260.
Source reference: pp. 4–5The first respondent’s letter, read as a whole, directed settlement according to eligibility criteria; its reference to ₹4,14,500 did not finally determine that sum as payable.
Source reference: pp. 5–7The Court therefore accepted the respondents’ position that the eligible amount had been settled.
Source reference: pp. 5–7Holding
The Court answered the reimbursement claim against the petitioner, finding no basis to order payment beyond the ₹1,10,260 already settled.
It dismissed the writ petition for lack of merit, with no order as to costs.
Source reference: p. 7Original Court PDF
K.ThaniyarasuvsThe Commissioner of Treasuries and Accounts
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