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Madras High Court · body

2016 DIGILAW 294 (MAD)

K. Muthu v. Joint Director of Medical and Rural Health Services, Madurai

2016-01-25

D.HARIPARANTHAMAN

body2016
ORDER : 1. The petitioner is a workman employed by the third respondent from 29.11.2003 onwards. The third respondent introduced Health Scheme providing some medical treatment to the employees and their dependents on 09.11.2005. Every month, a sum of Rs.600/- is deducted from the salary towards the Scheme. The father of the petitioner was suffering from kidney disease, viz. Hydroureter Right Retrocanal Ureter and underwent “S/P Lap Repair of Right Retrocanal Ureter for DJ Stent Removal”. The petitioner incurred an expenditure of Rs.54,000/- towards the same. The petitioner made an application for reimbursement of the medical expenses on 01.11.2014. The Dean of the Government Rajaji Hospital, Madurai, recommended for medical reimbursement on 13.02.2015. But the third respondent, on 20.07.2015, orally informed the petitioner that the parents of married employee is not entitled for reimbursement and therefore the application would not be forwarded to the first respondent, who is the competent authority for passing orders for reimbursement. 2. According to the petitioner, in similar circumstances, this Court passed an order dated 26.07.2011 in W.P.(MD)No.7365 of 2010 directing the respondents therein to reimburse the expenses incurred towards medical expenses. It is useful to extract paragraphs-5 and 6 of the said order, as under:- “5. As noticed above, the scheme covered all employees of the respondent corporation and their dependents. Each of the employee was issued with the photo identity card, which was attested by the officials of the respondent corporation and the photo identity card contained the list of names of the family members and there was a specific condition stating that the family members, whose names find place in the said card were eligible for free medical treatment. Therefore, the impugned order which has been passed by the second respondent is on a thorough misreading of the terms of the scheme when the dependents are also covered under the scheme merely because the petitioner was married cannot be a ground to deny the benefits of medical reimbursement for the expenses incurred by the petitioner for performing the coronary surgery on his father. It is also not in dispute that even when the card was issued to the petitioner, he was already married and the name of his wife and minor son also find place in the said card. Therefore, the observation made by the second respondent in the impugned order is absolutely perverse. It is also not in dispute that even when the card was issued to the petitioner, he was already married and the name of his wife and minor son also find place in the said card. Therefore, the observation made by the second respondent in the impugned order is absolutely perverse. In view of the same, the impugned order is liable to be set aside. 6. In the result, the Writ Petition is allowed and the impugned order is set aside and the respondents are directed to process the petitioner's medical reimbursement proposal and consider the same and effect settlement in terms of the scheme announced by the respondent corporation for its employees and their dependents within a period of six weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.” 3. Further, I am also of the view that parents of the employee are also entitled for medical reimbursement even after the marriage of the employee. After marriage, the parents would not become independent and they continue to depend on their son, particularly at their old age. Hence, the respondents are not correct in not reimbursing the medical expenses, particularly when a sum of Rs.600/- is deducted from the salary of the petitioner every month. Hence, a direction is issued to the third respondent to send a proposal to the first respondent for reimbursement of medical expenses for the treatment given to the father, as stated above, within a period of three weeks from the date of receipt of a copy of this order and on receipt of such proposal, the first respondent is directed to disburse the medical expenses, within a period of four weeks therefrom. No costs. Consequently, the connected miscellaneous petition is closed.