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TMI Blog2018 (11) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... UDGMENT The appeal is from the judgment of a learned Single Judge, which interfered with the order passed by the Government directing the writ petitioner-distillery to make good the reimbursement of medical expenses as claimed by the 6th respondent in the writ petition, who was an Excise Guard in the service of the Government and deputed to the distillery of the writ petitioner. 2. When the matter was taken up for admission on 06.03.2018, this Court, on a prima facie consideration cautioned the State in so far as the appeal being misconceived and directed the authorities to have a re-think on prosecuting the appeal. We also observed that if the State persists and we eventually find the appeal to be without merit, then there would be furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found that the liability which is contemplated under the Kerala Government Service Medical Attendant Rules, 1960 [for brevity "Medical Attendant Rules"] cannot be extended to the industries where deputations are made in accordance with the Warehouse Rules. The Government was found to have no power to seek recovery of the reimbursement of medical expenses incurred for the treatment of the father of the 6th respondent. Exhibit P5 order, hence, was set aside. The learned Single Judge also relied on Exhibit P1 and the Rules to find no provision rendering the petitioner liable to reimburse medical expenses. 5. The learned State Attorney who appeared for the State in the appeal, would contend that Exhibit P1 is an order passed in pursuance of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fails to remit the cost of establishment within the time stipulated in the notice, the Assistant Excise Commissioner of the Division shall address the Board of Revenue and get sanction for the withdrawal of the staff. The licensee shall be liable to pay the arrears of differential cost of establishment, if the rates of pay and allowances are revised by the government retrospectively. Explanation:- In this sub-rule 'cost of establishment' means average cost of pay, leave salary and pension contribution". 7. The specific contention raised by the State Attorney is that the cost of establishment would also include the medical reimbursement under the Medical Attendant Rules. We are unable to accept the said contention especially lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he unfortunate circumstance of the father of a person who was deputed to the distillery fell sick during the period of deputation; the distillery cannot be mulcted with the treatment expenses. The reimbursement of medical expenses as available in the Medical Attendant Rules is another incidence of service, which would not come within the meaning of cost of establishment as such nor as understood in Rule 14. On the above reasoning, we have to find that the medical benefits as spoken of in Exhibit P1 would be confined to that incurred by the deputed employee himself, that too any expenses incurred by way of an employment injury in the distillery and not otherwise. 9. We specifically put a question to the State Attorney as to what would be th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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