KUMAR RAM KRISHNA Vs. COLLEGE OF VOCATIONAL STUDIES

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:

(2.) The facts are, the petitioner joined the respondent No. 1 College as a Lecturer on March 13, 2002. He was promoted to Senior Lecturer Grade in the month of Oct. 2005. It is his case that his mother, who was a housewife and having no independent income has been residing with him since the date he joined the services of the respondent No. 1 and was wholly dependent on him for her physical and financial support. It is also stated in the writ petition that this aspect has been noted in the service book of the petitioner inasmuch as the mother has been indicated in the list of dependants. It is averred that his mother got affected inter alia by serious heart ailments and had to be admitted to AIIMS on June 12, 2007. He accordingly lodged his claim for medical reimbursement vide his letter dated Oct. 3, 2007 along with declaration to the effect that his mother is wholly dependent on him and is residing with him since his joining the College. Respondent No. 1 College wrote to the respondent No. 2 University, whereby the College has asked the University to confirm whether the petitioner's mother is dependent upon him as per the Rules for medical reimbursement and LTC benefits. The petitioner's mother was again admitted in AIIMS from Oct. 15, 2007 to Oct. 24, 2007 wherein an open heart surgery requiring the replacement of Aortic Valve was conducted on her. It is the case of the petitioner that during the course of the aforesaid treatment, petitioner had to pay two bills amounting to Rs. 98,975.00 and Rs. 6,000.00 respectively. The petitioner submitted the aforesaid bills for reimbursement to the respondent No. 1 immediately thereafter, which were forwarded by the respondent No. 1 to the respondent No. 2 vide letter dated Aug. 13, 2008. However, no reimbursement of even a single penny has been made by the respondents. It is his case that he has been repeatedly making request to the respondent No. 1 to reimburse the aforesaid medical expenses, to which he is entitled to under the Central Government Health Scheme, however of no avail. It is his case that the petitioner's mother again got critical and had to be admitted from June 16, 2008 to June 30, 2008, during which period she was kept in Emergency Ward for few days. As the situation of the mother of the petitioner did not improve, she was again admitted in AIIMS on July 3, 2008 till July 6, 2008. Thereafter also because of the critical position of his mother, she had to be rushed to Batra Hospital, which is in the vicinity of the petitioner's residence. She was admitted in the said hospital and was operated upon for process of stunting, whereof her situation became critical and she was unconscious and was kept in Medical Intensive Care. During the course of the treatment of his mother, petitioner incurred expenses to an extent of Rs. 2.5 Lacs. She continued to undergo the treatment thereafter. It is his case that the petitioner submitted the bills to the respondent No. 1 for reimbursement, but unfortunately, the same have not been paid till date.

(3.) It is the submission of Mr. Ratan K. Singh, learned counsel appearing for the petitioner that the mother of the petitioner falls within the definition of the "family" in terms of the Medical Attendance Rules. That apart he states that the father of the petitioner is a pensioner drawing an amount of Rs. 5,200.00 per month. He states that the mother of the petitioner was dependant on the petitioner both monetarily and physically. According to him, the stand of the respondents that the father of the petitioner being a pensioner and drawing a sum of Rs. 5,200.00 which is above Rs. 1,500.00 as stipulated in the Medical Attendance Rules, petitioner's mother cannot be said to be dependent on the petitioner is arbitrary and contrary to the law laid down by this Court in the case of Union of India and Ors. Vs. Shyama Malhotra and Anr. 2007 (98) DRJ 367 (DB). That apart he would rely upon the following judgments in support of his contention: