The main legal point established in the judgment is that the introduction of Ext.P2 HR Corporate communication did not modify the dependency conditions provided in Regulations 2003, and therefore, the action of the respondents in recovering medical allowances from both spouses was not illegal.

Petitioners in all these writ petitions are employees of Airports Authority of India (hereinafter referred to as the ‘AAI' for short). All of them challenge the proceedings initiated by the respondents for recovery of the medical expenses disbursed to them, on the ground that the benefit of reimbursement is admissible only to one of the spouses. Documents referred to in this judgment are as described in W.P(c).No.3990 of 2016, unless specified otherwise.

2. Airports Authority of India (Employees Medical Attendance and Treatment) Regulations, 2003 (Ext.P1) were framed and published by the AAI on 24.06.2003 in exercise of powers conferred under sub section (1), r/w clause (b) of sub section 2 of Section 42 of the Airports Authority of India Act, 1994, in supersession of the Rules which existed till then in respect of medical attendance and treatment of the employees under it. Clause 3 provides for conditions of dependency. It provides that when both the spouses are employed in Central Government/State Government/Public Sector Undertaking/Local Bodies etc., which provides medical facilities, they could choose either of the facilities available under the respondents or under the other employer on production of a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. Clause 3(3) provided as follows:

"3(3): Employee's spouse employed in Central Government, State Government, Public Sector Undertakings, Local Bodies or Private Organizations, as the case may be, which provides medical facilities, is allowed to choose either the facilities under, these regulations or the medical facilities provided by the organization in which he or she is employed on the basis of a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. For this purpose they should furnish to their authorities a joint declaration in duplicate as to who shall prefer the claim for reimbursement of medical expenses in respect of wife or husband and dependent family members with full details in respect of wife or husband and dependent family members with full details in respect of them. A copy each of the joint declaration, in duplicate, shall be recorded in the personal file of each of them in their respective organization. The option given in the declaration can be changed or altered from the next financial year as and when necessary."

3. Note (i) to clause 3 provided that competent authority may alter the dependency limit or conditions of dependency, delete or add or alter any additional condition for the members of the family (including spouse) under these regulations. Under Note (ii) a joint declaration is required to be submitted in duplicate in order to prefer the claim for reimbursement of medical expenses in respect of wife or husband and dependent family members along with their details and this declaration is to be recorded in the service records. This option could be altered as and when necessary in the next financial year. When employees whose spouses are employed in other organizations availing different medical facilities and residing at different places separately, the employee concerned can avail medical facilities under these regulations on certain conditions i.e. if the spouse is in receipt of fixed medical allowance, the employee may avail medical reimbursement for himself or herself and members of family residing with him/her except the spouse and he or she has to produce a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. Clause 5 provides that a female employee shall be given the choice to include either his parents or her pare