MOHAN ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge made this case is against the order of the learned Kerala Lok Ayukta, which confirms a demand made on the petitioner by the competent Authority of the Government of Kerala, to refund an amount of Rs.1,16,799/-, which was claimed by him as medical reimbursement for his mother's medical treatment.

(2.) At the time when this writ petition was filed, the petitioner was working as a Director of Centre for Continuing Education, Thiruvananthapuram and he says that his father died in the year 1981. He concedes that his family, through his mother, was thereafter granted family pension by the Southern Railway, where his father had been working and that since she had no other source of income 'she was wholly dependent upon him'.

(3.) The petitioner says that in such circumstances, he was entitled to the benefit of the Kerala Government Servants Medical Attendance Rules, 1960 because, under Rule 3(e) thereof, "wholly dependent parents" are eligible to medical reimbursement on account of the Government Servants. The petitioner says that, however, without considering any of these aspects in its proper perspective, the learned Lok Ayukta issued Ext.P13 order rejecting his complaint and confirmed the demand made on him by the concerned Department of the Government. The petitioner, therefore, prays that Ext.P13 be set aside and consequently, that the recovery pursuant to Ext.P11 be interdicted.