LPA No. 242 of 2004 in 1 CWP No. 11450 of 1988 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- LPA No. 242 of 2004 in CWP No. 11450 of 1988 Date of decision: 14.01.2009 State of Haryana ........Petitioner Versus R.S.D.Bansal .......Respondent Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. R.S.Kundu, Addl. A.G. Haryana for the petitioner Mr. Sandeep Punchii, Advocate for the respondent -.- Ashutosh Mohunta , J. (Oral) The petitioner has impugned the judgment dated 15.10.2003 passed by the learned Single Judge in civil Writ Petition No. 11450 of 1998, vide which, instructions dated 06.07.1985 (Annexure P-9), issued by the State of Haryana, have been ordered to be quashed. Facts of the case, in brief, are that respondent No. 1 (R.S.D.Bansal) retired as Treasury Officer from the Treasury Office, Sirsa. His son, namely, Sanjay Bansal, who was studying in M.A. in the subject of Public Administration in Punjab University, Chandigarh, was staying in the University Hostel. On January 14,1997, the son of the petitioner met with an accident in the University Campus and suffered multiple injuries on head and fractured his left forearm. His son was admitted to P.G.I., LPA No. 242 of 2004 in 2 CWP No. 11450 of 1988 Chandigarh and remained under treatment from 14.01.1997 to 04.02.1997. The petitioner claimed reimbursement of the medical bill amounting to Rs.37,285.30 on account of the injuries suffered by his son. However, his aforesaid claim was rejected, vide Annexures P-3, P-6 and P-8 on the ground that his son had attained the age of majority at the time of accident and was no more a minor. Being dissatisfied, respondent No. 1 filed Civil Writ Petition No. 11450 of 1988, as also challenged the instructions dated 06.07.1985 (Annexure P-9). The learned Single Judge has allowed the aforesaid writ petition vide the impugned judgment, and has quashed the instructions dated 06.07.1985 (Annexure P-9) by holding that an appropriate affidavit be called for from the petitioner (respondent No. 1 herein), stating therein that his son is not gainfully employed anywhere. Mr. R.S.Kundu, Additional Advocate Genera, Haryana, has now referred to the latest instructions dated 18.10.2007, according to which, even the minor children after becoming major and are unemployed, are entitled to the reimbursement of the medical bill, subject to the condition that their parents submits an affidavit to the concerned Drawing and Disbursing Officer,stating therein that their wards/dependents are not gainfully employed any where. The aforesaid instructions dated 18.10.2007 are reproduced hereunder:- “Sub: Free medical facility to the retired employees/ spouses of employees and minor/major children of the employees of the Haryana State Sir, I am directed to invite your attention to State LPA No. 242 of 2004 in 3 CWP No. 11450 of 1988 Government order No. 2/(162) 84-1 HB III dated 06.07.1985. that according to these orders medical facility to the retired employees of the state/spouse of the employees, mother father, minor and minor grand children of the employees was granted. In this concern after consideration, it has been decided by the Government, that above facility will be available to the minor children/minor grand children even after the became major and are unemployed, with the condition that retired employees/officers submit an affidavit with their claim with the satisfaction of concerned Drawing and Disbursing officer. In this mater sanction of Finance Department has been taken vide their letter No. 2580/5/F.D. II/2007 dated 24.09.2007.” We have perused the judgment of the learned 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 any where, are entitled to get medical reimbursement for the medical treatment which they have undertaken. However, the quashing of the instructions dated 06.07.1985 (Annexure P- 9) will not serve the purpose, as the employees of the State of Haryana would not be able to claim medical reimbursement for their children on the basis of the aforesaid instructions, which stands quashed. In this view of the matter, we modify the impugned judgment dated 15.10.2003 passed by the learned Single Judge to the extent that the instructions dated 06.07.1985 (Annexure P-9) are valid and be read in conjunction with the latest instructions dated 18.10.2007, and accordingly, the children who have become major, but are still dependent on their LPA No. 242 of 2004 in 4 CWP No. 11450 of 1988 parents and are not gainfully employed any where, would be entitled to get medical reimbursement for the medical treatment. It is made clear that respondent No. 1-R.S.D Bansal, is fully entitled to reimbursement of the medical expenses incurred for the treatment of his son, namely, Sanjay Bansal. There shall be no order as to costs. Disposed of in the aforesaid terms. [Ashutosh Mohunta] Judge [Nirmaljit Kaur] Judge January 14, 2009 mohan