Paucity of resources results in exclusion of daughter in law in DGEHS : Delhi HC
In this case the petitioner named Hukum Singh wanted to include his widowed daughter in law and grand child in the Delhi Government Employees Health Scheme. The counsels for the petitioner Mamta and Mahima Rathi submitted that it is arbitrary and discriminatory to treat widowed daughter and widowed daughter in law in differently. Since family members treat both of them at par therefore inclusion of widowed daughter and exclusion of widowed daughter in law from the said scheme is unreasonable. It was also prayed that the word family in the above mentioned scheme should be read in an expansive form as the benefits of the welfare scheme should reach to all the members of the family equally.
However the counsel for the respondent raised his contentions saying that the define of family in the above mentioned act is clear and the definition of the dependents who all will be covered in the scheme are clearly mentioned therefore there is no pint in reading it in ore expansive form.
The court was of the opinion that it is true that daughter in law should be considered as the part of husband’s family in the civilized society but at the same time Justice Vibhu Bakhru dismissed the petition of the petitioner as the medical benefits of the scheme can only be provided to the persons or dependents exclusively mentioned in the act. The court also opined that the state has limited resources and these schemes are run with the limited resources available with the state. The state cannot provide medical benefits tot he entire family tree of the government employee there has to be a limit , therefore the plea of the petitioner is dismissed as the DGEH scheme covers only a specified number of family members.