STATE OF KERALA Vs. SUNU GEORGE

JUDGEMENT

(1.) The petitioner, a government servant, was before this Court seeking medical reimbursement for the heart surgery underwent by her mother, a retired Headmistress. The total claim for reimbursement was a sum of Rs. 8,34,265/-. The Regional Deputy Director, before whom the application was submitted, returned the same finding that the mother, a retired Headmistress, is a pensioner and is drawing a pension of Rs. 22180/-. The contention of the petitioner before the learned Single Judge was that the amount of pension obtained by the mother was unable to sustain her and in fact she was wholly dependent on the petitioner. The petitioner also submitted that the entire money for the treatment was spent by the petitioner.

(2.) It is argued that the condition in the Circular that only those parents, who are wholly dependent on the government servant, are eligible for medical reimbursement is arbitrary. When the spouse of a government servant, who is a pensioner, is entitled to reimbursement, there is no reason why the parents are discriminated.

(3.) The learned Single Judge relied on the decision of the Hon'ble Supreme Court in the State of M.P. and Others v. M.P. Ojha and Another [(1998) (2) SCC 554] to direct the Regional Deputy Director to forward the application to the Government and the Government to consider the same within a period of two months from the date of receipt of application in the light of M.P. Ojha's case [supra].