Retired parents of married government staff entitled to medical reimbursement, says HC
The judge quashed an order dated April 25, 2019 of the Additional Chief Secretary for Finance (Salaries) disallowing his claim for reimbursement and directed him to re-consider Kathiravan’s claim.
Published: 07th January 2020 06:37 AM
By Siva Sekaran
Express News Service
CHENNAI: In a significant judgment, the Madras High Court has held that retired and aged parents, more specifically sick parents of married government employees, are also eligible for reimbursement of medical expenses.
“Clause 4(iii) of the Medical Insurance Scheme, introduced in 2016, states that parents of the employee will also be covered only till the employee remains unmarried. If this clause is read literally, on the face of it, it would sound illegal and illogical. The parents of an employee will not cease to be parents after the marriage of the employee,” Justice N Anand Venkatesh observed on January 2 while allowing a writ petition from R Kathiravan, an Assistant Agricultural Officer.
The judge quashed an order dated April 25, 2019 of the Additional Chief Secretary for Finance (Salaries) disallowing his claim for reimbursement and directed him to re-consider Kathiravan’s claim. “After satisfying himself that his father is dependant on him, the authority should reimburse the medical expenses running to `5.7 lakh, due to Apollo Sepciality Hospital, within four weeks,” the judge said.
“The object of the Health Insurance Scheme introduced in 2016 is to help the employee tide over the crisis faced by him due to a sudden and emergent medical emergency. The government had thought it fit to appoint the United India Insurance Company Limited for the implementation of the scheme and for the disbursement of medical reimbursement. It becomes important to take note of annexure-I in a G.O. dated June 30, 2016. Under clause 4 of the annexure, ‘family members’ are defined. Clause 4(iii), if it is read literally, on the face of it, sounds illegal and illogical. Unfortunately, even though this society is moving towards a state where the parents are disregarded after marriage, this court does not expect the government to give a similar treatment for the parents of government employees, who get married,” the judge said.
“This clause cannot be read in isolation and it cannot be given a literal meaning, since it will end up with disturbing consequences. The only way to read this clause is that the parents will continue to be treated as family members till they continue to be the dependants of the government employee.
If this clause is not assigned this meaning, the poor parents will be left in lurch during the evening of their life,” the judge said.
Consider plea for Rs 1 cr compensation: HC
Chennai: A division bench of the Madras High Court has directed the State government to consider within four weeks a plea for compensation of `1 crore from father of young woman who was killed in a road accident after a banner fell on her at Pallikaranai in September last. The direction came after a petition by R Ravi, father of the deceased.
The judge quashed an order dated April 25, 2019 of the Additional Chief Secretary for Finance (Salaries) disallowing his claim for reimbursement and directed him to re-consider Kathiravan’s claim.
Published: 07th January 2020 06:37 AM
By Siva Sekaran
Express News Service
CHENNAI: In a significant judgment, the Madras High Court has held that retired and aged parents, more specifically sick parents of married government employees, are also eligible for reimbursement of medical expenses.
“Clause 4(iii) of the Medical Insurance Scheme, introduced in 2016, states that parents of the employee will also be covered only till the employee remains unmarried. If this clause is read literally, on the face of it, it would sound illegal and illogical. The parents of an employee will not cease to be parents after the marriage of the employee,” Justice N Anand Venkatesh observed on January 2 while allowing a writ petition from R Kathiravan, an Assistant Agricultural Officer.
The judge quashed an order dated April 25, 2019 of the Additional Chief Secretary for Finance (Salaries) disallowing his claim for reimbursement and directed him to re-consider Kathiravan’s claim. “After satisfying himself that his father is dependant on him, the authority should reimburse the medical expenses running to `5.7 lakh, due to Apollo Sepciality Hospital, within four weeks,” the judge said.
“The object of the Health Insurance Scheme introduced in 2016 is to help the employee tide over the crisis faced by him due to a sudden and emergent medical emergency. The government had thought it fit to appoint the United India Insurance Company Limited for the implementation of the scheme and for the disbursement of medical reimbursement. It becomes important to take note of annexure-I in a G.O. dated June 30, 2016. Under clause 4 of the annexure, ‘family members’ are defined. Clause 4(iii), if it is read literally, on the face of it, sounds illegal and illogical. Unfortunately, even though this society is moving towards a state where the parents are disregarded after marriage, this court does not expect the government to give a similar treatment for the parents of government employees, who get married,” the judge said.
“This clause cannot be read in isolation and it cannot be given a literal meaning, since it will end up with disturbing consequences. The only way to read this clause is that the parents will continue to be treated as family members till they continue to be the dependants of the government employee.
If this clause is not assigned this meaning, the poor parents will be left in lurch during the evening of their life,” the judge said.
Consider plea for Rs 1 cr compensation: HC
Chennai: A division bench of the Madras High Court has directed the State government to consider within four weeks a plea for compensation of `1 crore from father of young woman who was killed in a road accident after a banner fell on her at Pallikaranai in September last. The direction came after a petition by R Ravi, father of the deceased.
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