SUNU GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is a Higher Secondary School teacher, has filed this writ petition aggrieved by Ext. P5 letter by which the claim for medical reimbursement has been returned on the ground that the petitioner's mother, who underwent treatment, is a service pensioner.

(2.) Petitioner's case is that her family consists of her husband, two children and her mother aged 74 years. Her mother is a retired Headmistress. She underwent a heart surgery, on 20.01.2015 at Lissie Hospital, Ernakulam. She underwent hospitalization for the period from 20.01.2015 to 07.02015. The medical expenses came to a sum of Rs. 8,34,265/-. Claiming medical reimbursement towards the aforesaid treatment of her mother, petitioner submitted Ext. P4 application before the Regional Deputy Director. But, without forwarding the same to Government, the 3rd respondent returned it to the petitioner as per Ext. P5 letter, saying that petitioner's mother is a pensioner. Petitioner submits that petitioner's mother who retired as a teacher was drawing a pension of Rs. 22180/-; and she was unable to meet the expenditure incurred for the treatment. Petitioner submits that her mother is wholly dependent on her and she, being the only daughter, had to meet the entire expenditure, towards the treatment, except to the extent it was covered by an insurance policy. She submitted an application for medical reimbursement, in those circumstances.

(3.) The 3rd respondent has filed a statement, saying that the petitioner submitted the application claiming medical reimbursement of a sum of Rs. 7,31,549/- saying that she is wholly dependent on her. Since petitioner's mother is a retired Government servant, in receipt of service pension, the claim was found inadmissible and hence the application was returned to the Principal of the School. It is stated that as per Circular No. 64215/G2/2004/Hand FWD dated 31.02004, only those who are wholly dependent on the Government servants are eligible for medical reimbursement. It is also stated that Government has in G.P.(P) No. 456/79 (41)/Fin dated 05.05.1979 ordered that the facility of medical reimbursement will not be allowed to a pensioner if they are in receipt of medical allowance. It is stated that as per the said Government Order retired hands are also eligible for medical reimbursement. According to the 3rd respondent, Government has issued a clarification on 10.11.1987, regarding the medical reimbursement claim of retired Government servants which states that the expenses incurred in connection with the treatment of the spouse of a Government employee can be reimbursed according to the rules even if the spouse is a retired Government employee. However, it is stated that petitioner's claim is not admissible since mother is a service pensioner.