T.M. SAMPATH Vs. NATIONAL WATER DEVELOPMENT AG

JUDGEMENT

(1.) THE petitioner is an employee of National Water Development Agency which is a Government of India Society under the Ministry of Water Resources. The petitioner submitted a bill of Rs. 5,985/ - to his Department for reimbursement on account of medical expenses incurred by him for the treatment of his widowed sister who is suffering from spinal disorder. The bill, in question, pertains to the period 17th April, 2006 to 18th April, 2006. The Department initially declined payment of the bill on the ground that the case of a widowed sister did not get covered under the NWDA Medical Attendance Rules. On receipt of this communication, the petitioner informed the office that on 28th July, 1992 a circular was issued which enlarged the definition of 'Family' as given in the NWDA Medical Attendance Rules so as to include a widowed sister also besides some other relations. Faced with this, he was told through a communication dated July 31, 2006 that such a facility was available in respect of a widowed sister only if she resided with the employee or with the rest of his family members, implying thereby, that the sister of the petitioner did not live with him and, therefore, was not entitled to medical expenses.

(2.) AGGRIEVED by the refusal of the respondent to the reimbursement claimed, the petitioner has filed this writ petition.

(3.) THERE is nothing in the circular dated July 28,1992 to suggest that the widowed sister should be living with an employee for entitlement of reimbursement. Learned Counsel for the respondent has, of course, referred to Note III of Clause III of NWDA Medical Attendance Rules which lays down that Medical Attendance to the parents of an employee shall be allowed if they reside with the employee concerned or with the rest of the family members and if their monthly income does not exceed Rs. 500/ -. Taking cue from this clause, it is sought to be contended that this condition mutatis mutandis shall also apply to the widowed sister.