India  |  Employment Law

Legal Question

Asked on: 8/03/13, 8:43 am

We are the employees of a central Public Sector Undertaking. In a judgment Supreme Court of India in M. P. Ojha case dated 18.12.97 (1997 Supp (6) SCR 654) Court has observed that retired Govt. Servant is wholly dependent on his employed son irrespective of his pension amount.

Our corporationís medical rule is for dependency as under:

Family:

For the purpose of these Rules, family includes employee's wife, wholly dependent parents, children, step children and legally adopted children, wholly dependent upon the employee and does not include earning or married sons and daughters.

Note: Dependent parents

The term 'family' includes parents, provided they are wholly and exclusively dependent on the employee and are permanently residing with the employee under the same roof. A married female employee may also declare her parents as dependent on her provided they are wholly and exclusively dependent on the employee and are permanently residing with her under the same roof.

An exception is however made if the dependent parents have to be away for temporary periods, the limit for which has been fixed at 3 months in a year with prior information to the office. However, any exceptional cases should be decided on the merits of each case. It is clarified that reimbursement for regular treatment at a place other than the place of posting of the employee in respect of dependent parents shall not be admissible, if prior intimation of their absence is not available in the office and reimbursement shall be restricted only for hospitalization obtained in emergency. Further treatment in such cases should be obtained from the regular place of stay only. Such parents whose combined monthly income exceeds Rs.9000/- shall not be viewed as dependent. The Corporation reserves to itself the sole right of deciding whether or not parents are wholly dependent.

My query is that whether our corporation is bound to treat the parents (who are retired Govt pensioners) as medically dependent irrespective of Govt. Pension amount. If yes, then as our corporation is not following the Supreme Court order what should we do now?

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