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Synopsis

The Madras High Court has recently advised the Chief Secretary of the Tamil Nadu Government to consider including the parents of married government employees under the purview of 'family' in the state's health insurance scheme, if such parents are dependant on the employee concerned.

The bench of Justice Mummineni Sudheer Kumar emphasized that the court has repeatedly addressed the exclusion of parents from such schemes.

The court noted that it has previously ruled that excluding parents from the definition of 'family' upon the marriage of a government servant is arbitrary and illegal.

This exclusion may lead to frequent legal disputes, causing significant hardship for government employees and their families, it opined.

As a result, the court recommended that the Chief Secretary give special attention to this matter and amend the New Health Insurance Scheme, 2016, or any subsequent schemes, to align with the court's previous orders on this issue.

The court was hearing a writ petition filed by a police constable whose claim for his father's medical expenses was denied under the current policy. The constable’s father suffered severe injuries in a road accident, resulting in substantial medical expenses. However, the insurance claim was rejected on the grounds that the father did not fall under the definition of "family" as outlined in the New Health Insurance Scheme, 2016. Under this scheme, only the parents of unmarried government employees are considered part of the family.

The petitioner challenged this exclusion, arguing that it is discriminatory and lacks a rational basis. The court agreed, noting that the policy's current form unjustly differentiates between married and unmarried employees.

Court emphasized that parents do not cease to be parents after their children marry and that the state's policy should reflect this reality.

Court highlighted that the purpose of the health insurance scheme is to provide healthcare assistance to government employees and their families during medical emergencies. The exclusion of dependent parents, especially those financially reliant on their children, contradicts the welfare intent of the scheme, it said. 

Court underscored that the state's policy should not perpetuate societal trends of disregarding parents post-marriage.

Therefore, while asking the Chief Secretary to take steps to address the issue, court ordered that a decision should be taken n in this regard as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of the court order. 

Case Title: S.Felixraj v. The Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department and Others