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Madhya Pradesh High Court · body

2017 DIGILAW 1163 (MP)

R. N. Shrivastava v. Union of India

2017-11-15

J.K.MAHESHWARI

body2017
ORDER 1. This petition under Article 226 of the Constitution of India has been filed challenging the order Annexure P-3 by which the petitioner has been denied the benefit of medical reimbursement of the treatment of her daughter aged 26 years who underwent dialysis and kidney transplantation. 2. On perusal of the order impugned it is apparent that denial has been made on the ground that as per the Medical Attendance Rules (for short MAR) unmarried daughter upto the age of 25 years would be entitled for the medical reimbursement facility, however, the reference in the medical treatment was refused, therefore, the petitioner has filed this petition seeking quashment of the order Annexure P-3 and appropriate direction to the respondents authorities to make payment of the amount spent by the petitioner in kidney transplantation of his daughter. 3. The respondents referring MAR Annexure R-1 contend that rule 11 deals with the concession of medical attendance and treatment of the families of the company employees, relevant part of which is reproduced as under :- "Concessions of Medical Attendance and Treatment for Families of the Company employees. 11. Families of the Company employees should be entitled to free of charge medical attendance and treatment at hospitals, as defined in rule 2(d) of this Chapter and on the scale and conditions allowed to the employee himself. This concession does not include medical attendance or treatment other than at a hospital which the employee himself is entitled to treatment, free of charge. The term "Family" means an employee's wife, legitimate children, step-children and parents residing with and wholly dependant on him. Note.(1)- The husband of female Company employees residing with and wholly dependent on her may also be allowed this concession. Note.(2)- The term "family" does not include dependent relations such as widowed sister, aunt etc. The term "legitimate children" does not include adopted children except those adopted legally. Note.(3)- Children would mean unmarried son aged upto 18 years, student but unmarried son and daughters unmarried and/or unemployed. Note.(4)- The wholly/mainly dependent parents who normally reside with the company's employee concerned and whose total monthly income does not exceed the pay of the Company's employee, subject to the maximum income of the parents being Rs.250/- per month, are entitled to free medical aid. Note.(4)- The wholly/mainly dependent parents who normally reside with the company's employee concerned and whose total monthly income does not exceed the pay of the Company's employee, subject to the maximum income of the parents being Rs.250/- per month, are entitled to free medical aid. The declaration regarding the income and the residence of parents should be furnished by the Company's employee concerned once in the beginning of every calendar years." 4. Along with the covering memo dated 27.10.2017, the amendment in sub-rule (iii) of rule 12 of the said Rules has been brought, which is as under:- "Children would mean unmarried son aged upto 25 years or till he starts earning whichever is earlier, student but unmarried son and unmarried and unemployed daughter." 5. On a bare perusal of the aforesaid Rules it is apparent that children would include unmarried son aged 25 years or till he starts earning, whichever is earlier. Simultaneously, the student but unmarried son and unmarried and unemployed daughter would be included within the definition of 'Family' and shall be entitled to get the benefit of concession of medical attendance and treatment under the aforesaid Rules. In such circumstances, the order Annexure P-3 passed by the authorities denying the said benefit to the petitioner for the treatment of his daughter because she crossed the age limit of 25 years is contrary to the MAR. It is to be held that in a case of a daughter, if unmarried and unemployed, without having any bar of age until married, the employee would be entitled for the medical reimbursement, therefore, the order impugned Annexure P-3 is hereby quashed. 6. The respondents are directed to refer the matter of the petitioner's daughter for reimbursement and after verification of the medical bills, payment be made within a period of two months from the date of communication of this order. 7. With the aforesaid, this petition stands allowed and disposed of.