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1997 Supreme(SC) 1693

D.P.WADHWA, SUJATA V.MANOHAR
State Of M. P. – Appellant
Versus
M. P. Ojha – Respondent


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Judgment

D.P. Wadhwa, J.-This appeal by the State of Madhya Pradesh is direct­ed against the judgment dated June 30, 1989 of the Madhya Pradesh Administrative Tribunal (for short ‘the Tribunal’) holding that father of a Government servant who himself has retired as a Government serv­ant can be wholly dependent on his son and son thus entitled to reim­bursement of medical expenses incurred on the treatment of his father under the relevant M.P. Civil Services (Medical ­Attendance) Rules, 1958 (for short ‘Medical Rules’). This, according to Tribunal, would be so even where a separate Rule is applicable for medical treatment to a retired Government servant.

2. There are two respondents before us, 1st respondent is the father and the 2nd respondent is his son. The 1st respondent retired from Government service of the State and at the relevant time was drawing pension of Rs. 176/- with Rs. 238/- as additional relief totalling Rs. 414/- per month. He was living with his son, the 2nd respondent, who was also a Government servant and was working as Senior Radiographer, M.Y. Hospital, Indore. Under the relevant Medical Rules, 1st respond­ent would be a member of family of his son, the 2nd re

































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