Chandigarh, February 3 2009
In a judgment benefiting almost all Haryana government employees, the Punjab and Haryana High Court has held that their children, who are major, yet dependent on them, are entitled to medical reimbursement.
The significant directions have been issued in the case of a former Haryana government employee RSD Bansal. From the appeal, it transpired that then Sirsa-based retired treasury officer Bansal’s son, doing his post graduation from Panjab University, Chandigarh, was admitted to the PGI with multiple injuries on head and fractured forearm on January 14, 1977, after meeting with an accident on the varsity campus.
Bansal claimed reimbursement of medical bill amounting to Rs 37, 285.30 on account of the injuries suffered by his son in the accident. But his claim was rejected on the ground that his son had attained the age of majority at the time of accident and was no more a minor.
Dissatisfied with the order, he filed a petition before the high court. The Single Judge allowed the petition vide the impugned judgment. During the hearing of the appeal filed by the State of Haryana, an additional advocate-general referred to latest instructions dated October 18, 2007. The instructions made it clear that minor children after becoming major, but still unemployed were entitled to reimbursement of the medical bill, subject to the condition that their parents submit an affidavit to the drawing and disbursing officer. They were required to state in the affidavit that their wards or dependants were not gainfully employed anywhere.
After hearing the arguments, the Bench observed: We have perused the judgment of the Single Judge carefully and are of the considered opinion that the children, who have attained the age of majority, but are still dependent on their parents and are not gainfully employed anywhere, are entitled to get medical reimbursement for the medical treatment which they have undertaken…..
Before parting with the order, the Judges observed: It is made clear that respondent RSD Bansal is fully entitled to reimbursement of the medical expenses incurred for the treatment of his son Sanjay Bansal. The petition, as such, was disposed of on these terms.
Source:- http://www.tribuneindia.com/2009/20090204/haryana.htm#1
The significant directions have been issued in the case of a former Haryana government employee RSD Bansal. From the appeal, it transpired that then Sirsa-based retired treasury officer Bansal’s son, doing his post graduation from Panjab University, Chandigarh, was admitted to the PGI with multiple injuries on head and fractured forearm on January 14, 1977, after meeting with an accident on the varsity campus.
Bansal claimed reimbursement of medical bill amounting to Rs 37, 285.30 on account of the injuries suffered by his son in the accident. But his claim was rejected on the ground that his son had attained the age of majority at the time of accident and was no more a minor.
Dissatisfied with the order, he filed a petition before the high court. The Single Judge allowed the petition vide the impugned judgment. During the hearing of the appeal filed by the State of Haryana, an additional advocate-general referred to latest instructions dated October 18, 2007. The instructions made it clear that minor children after becoming major, but still unemployed were entitled to reimbursement of the medical bill, subject to the condition that their parents submit an affidavit to the drawing and disbursing officer. They were required to state in the affidavit that their wards or dependants were not gainfully employed anywhere.
After hearing the arguments, the Bench observed: We have perused the judgment of the Single Judge carefully and are of the considered opinion that the children, who have attained the age of majority, but are still dependent on their parents and are not gainfully employed anywhere, are entitled to get medical reimbursement for the medical treatment which they have undertaken…..
Before parting with the order, the Judges observed: It is made clear that respondent RSD Bansal is fully entitled to reimbursement of the medical expenses incurred for the treatment of his son Sanjay Bansal. The petition, as such, was disposed of on these terms.
Source:- http://www.tribuneindia.com/2009/20090204/haryana.htm#1
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