MADAN MOHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant had filed W.P. (C) No. 2542 of 1996 before the Hon'ble High Court of Delhi praying for the following relief:

(2.) THE Hon'ble High Court of Delhi, vide order dated 21.5.2013, transferred W.P. (C) No. 2542 of 1996 to this Tribunal as the dispute pertains to service conditions of employees of the Union of India. Accordingly, the said W.P. (C) No. 2542 of 1996, on transfer, was registered as T.A. No. 36 of 2013 on the file of the Tribunal.

(3.) OPPOSING the Writ Petition/TA, the respondent has filed a counter reply. It has been stated by the respondent that the fixation of age limit for the son of the serving/retired Government employee who is beneficiary of the CGHS, as imposed in the order dated 31.12.1993 (ibid), is reasonable and does not violate the fundamental rights granted to citizens under the Constitution of India. The criterion for putting no age limit for daughter of serving/retired Government employee is based on the socio economic status of daughters in the country where daughters are not given appropriate education/parental approval to take up jobs and start earning their livelihood. In many of the conservative families of the Indian society, daughter is not encouraged to do a job or to join any service and marriage is regarded as her main future and she is expected to devote herself to the husband's home exclusively in future. Thus, it would not be appropriate to fix any age limit for an unmarried and non -earning daughter in so far as dependency under CS (MA Rules/CGHS is concerned. It was in this context that the Ministry of Finance did not consider it appropriate to fix any age limit for a dependent daughter and the respondent thus concurred with the stand in December 1993 while issuing the order dated 31.12.1993 (ibid). Although the restriction of age of 25 years for son has been put in the order dated 31.12.1993 (bid) and the same has not been put for an unmarried and non -earning daughter, yet there is a restriction in the case of daughter relating to marriage which has not been put for a son and so the facility to the non -earning daughter is to be extended only till the marriage. Hence, the restriction against both the son and the daughter is on the basis of social customs and norms prevailing in their respective cases. Since the general framework of rules and regulations till now is supportive of a traditional family and societal structure, it is but natural that the order dated 31.12.1993 (ibid) has been issued keeping in view the traditional norms where an unmarried and non -earning daughter has been given the concession of being treated as dependant till she starts earning or gets married, whichever is earlier, irrespective of age limit.