Augustine George Masih, J. - (1.) PRAYER in the present writ petition is for release of medical expenses amounting to Rs. 4,99,532/ -towards the treatment of the husband of the Petitioner and is in fact reimbursement of the medical bills. The fact that the said amount has been spent by the Petitioner and too on the treatment of her husband -Shri Himmat Singh and the entitlement of the said amount for reimbursement is not in dispute except that the said amount can not be disbursed to her in the light of the instructions dated 20.5.2004 (Annexure P -6), which states that an eligible persons including spouse (husband/wife) of a Government employee be considered as dependent upon the Government employee if his/her income from all sources falls below Rs. 1,000/ -per month. It has been stated that as the husband of the Petitioner was getting pension of Rs. 1674/ -per month from the provident fund, the Petitioner was not entitled to the medical reimbursement as claimed by her for treatment of her husband as he would not be dependent.
(2.) COUNSEL for the Petitioner contends that these very instructions, on the basis of which the claim of the Petitioner has been rejected, have already been considered by a Division Bench of this Court in Usha Kumari v. State of Punjab and Ors. reported as, 2009 (1) RSJ 32, wherein it has been held that the instructions dated 20.5.2004 are not in furtherance to or based upon any statutory rules and, therefore, they would not have a binding force. In the said case also the Petitioner therein was granted reimbursement of the medical bills. Counsel for Respondents No. 1 & 2 is unable to controvert the contentions, as raised by the counsel for the Petitioner, and the judgment passed by this Court in Usha Kumari's case (supra).
(3.) HAVING hearing counsel for the parties, I am of the considered view that the case of the Petitioner is fully covered by the Division Bench judgment of this Court in Usha Kumari's case (supra), wherein it has been held that the instructions dated 20.5.2044 are not in furtherance to or based upon any statutory rules and, therefore, can not be the basis for denying an employee the benefit of the statutory rules, which grant medical reimbursement. Dependency can not be determined merely on the basis of financial calculations and it has to be social and in terms of the health as well.;