Legal Advice

Whether a son is dependent in respect of availing medical facilities of retired father

Question: My son is facing a serious heart ailment and surgery is required as soon as possible. I am a retired government servant and receiving a pension. According to the pension rule, the medical facilities are given to the retired government and his dependents. When I approached the government for providing financial help in the treatment of my son. It has refused stating that the son is not a dependent. Whether a son is dependent in respect of availing medical facilities of a retired father?

Advise

Medical Rules have been framed regarding the medical attendance of government pensioners. The rules further apply to pensioners entitling them to get treatment, free of charge, available in the government hospitals of the State. 

However, government pensioners are not entitled for reimbursement of expenses incurred for their treatment outside the State.

The medical facilities of pensiones is also extended to his family. Wife/husband along with a pensioner and children jointly constitute a family. 

So far as a child is concerned, if he is wholly dependent on his father then he comes under the meaning of family. Therefore, entitled to avail retiral benefits of his father/mother.

If your son is wholly dependent upon you then you have a right to reimbursement of the amount incurred in his medical treatment. The government shall reimburse the entire medical bills excluding the travelling allowances. 

Thus a pensioner and his family shall get free medical treatment on the expense of the state. If a son is financially or physically dependent upon his father he is said to be a dependent.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Service & Labour

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