Madras High Court
The Director General Of Police vs J.Kannan on 9 July, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A(MD)No.699 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A(MD)No.699 of 2021
and
C.M.P(MD)No.3024 of 2021
1.The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2.The Superintendent of Police,
K.Pudur,
Madurai – 625 007. ... Appellants/Respondents 1 & 3
vs.
1.J.Kannan,
S/o.P.Jeyaraman,
No.23/4, Armed Reserve,
Madurai. ... 1st Respondent/Writ Petitioner
2.The Commissioner,
Department of Treasuries and Accounts,
Panagal Building,
No.1, Jeenis Road, Saidapet,
Chennai – 600 015. ... 2nd Respondent/2nd Respondent
1/13
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W.A(MD)No.699 of 2021
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 07.01.2021 made in W.P(MD)No.1514 of 2020 on the file of
this Court.
For Appellants : Mr.S.P.Maharaja
Special Government Pleader
For R – 1 : Mr.T.Cibi Chakraborthy
for Mr.P.Karthick
For R – 2 : Mr.M.Sarangan
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal on hand has been instituted challenging the
writ order dated 07.01.2021 passed in W.P(MD)No.1514 of 2020.
2.The Director General of Police, Chennai and the
Superintendent of Police, Madurai have preferred the present Appeal.
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3.The first respondent/Mr.J.Kannan filed the Writ Petition
challenging the order of rejection dated 20.12.2019 rejecting the claim of the
first respondent for providing medical reimbursement from and out of the
Tamil Nadu Police Benevolent Fund. The Committee constituted for
considering the applications under the Tamil Nadu Police Benevolent Fund
rejected the claim of the first respondent mainly on the ground that the
parents of the policemen are not eligible to avail the benefits under the
scheme, including medical reimbursement.
4.The learned Special Government Pleader appearing for the
appellants submitted that the Tamil Nadu Police Benevolent Fund is
constituted exclusively by the Police Department under the Chairmanship of
the Director General of Police and the Committee consists of 14 members
including the Head Constable, Women Head Constable and Police
Constable. The President of the Committee is the Director General of Police.
The Vice President is the Additional Director General of Police (Welfare)
and the Convenor/Member is the Inspector General of Police (Welfare). The
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Committee as per the terms of the scheme rejected the application submitted
by the first respondent, since the parents of the policemen are not eligible to
avail the benefits under the scheme. Therefore, the writ order is violative of
the terms of the scheme and thus, the Writ Appeal is to be considered.
5.The learned counsel appearing for the first respondent would
oppose by stating that the scheme is to be interpreted liberally. Once the first
respondent is the member of the Tamil Nadu Police Benevolent Fund, then
his claim for medical reimbursement for his parents also is to be considered
liberally by interpreting the scope of the scheme.
6.The learned counsel appearing for the first respondent urge
this Court by stating that under the New Health Insurance Scheme, 2016, the
parents of the employees are included and the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007 stipulates that the parents are to be
maintained by their children.
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7.Taking note of the New Health Insurance Scheme, 2016 and
the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the
writ Court considered the case of the first respondent and allowed the same.
Hence, the present Writ Appeal filed by the State is to be rejected.
8.This Court considered the rival submissions made between the
parties to the lis.
9.Let us first consider the scope of the Tamil Nadu Police
Benevolent Fund. The Tamil Nadu Police Benevolent Fund is a fund
constituted from and out of the subscriptions collected from the police
personnel upto the rank of the Inspector of Police. Subscriptions are not
collected from higher-ranking officials of the Police Department. The fund is
separately maintained by a Committee constituted, which is the sole
authority to decide on the claims. Thus, the decision of the Committee
became final and the Committee has to decide the eligibility based on the
terms and conditions stipulated under the scheme.
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10.The financial assistance provided under the Tamil Nadu
Police Benevolent Fund is enumerated in Circular Memorandum II, dated
06.12.2010. Clause 4 of the Circular Memorandum II reads as under:
“4.The above financial assistance is available to the
subscribers for the treatment undergone by himself / herself or
his / her family members. For this purpose, the family is defined
as:
(a) Legal spouse of the subscriber
(b) Children of the subscriber till employed or married or
attain the age of 25 years whichever is earlier
(c) Parents are not included under this scheme.”
The above Clause clearly indicates that the parents of the police personnel
are not included under the scheme.
11.Since there is an express condition that the parents of the
police personnel are not included under the scheme, the claim application
submitted by the first respondent was rejected.
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12.This Court is of the considered view that each scheme is to be
implemented strictly in consonance with the terms and conditions of the
scheme. Liberal interpretation of such special schemes or reading down the
conditions of the special scheme would result in causing prejudice to the
very objective of the scheme.
13.In the present case, the objective of the scheme is to provide
financial assistance exclusively to police personnel upto the rank of the
Inspector of Police. The funds are collected from the police personnel upto
the rank of the Inspector of Police and a separate account is maintained in
this regard. The Committee is operating the account and taking decisions in
respect of the applications submitted by the police personnel upto the rank of
the Inspector of Police. Therefore, the Tamil Nadu Police Benevolent Fund
cannot be equated with the medical reimbursement claim or the medical
rules of the Government of Tamil Nadu. The Tamil Nadu Police Benevolent
Fund is no way connected with the Government medical reimbursement
scheme.
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14.The application submitted by the first respondent itself
reveals that he has submitted the application seeking medical reimbursement
under the Tamil Nadu Police Benevolent Fund.
15.If parents are eligible for medical reimbursement under the
Government's general medical scheme or medical rules, then the first
respondent is at liberty to claim such benefits under any applicable scheme
in accordance with the terms and conditions stipulated under the medical
reimbursement scheme applicable to the Government employees/police
officials.
16.Beyond the medical assistance to police personnel, the Tamil
Nadu Police Benevolent Fund provides financial assistance to the
meritorious children of police personnel upto the rank of the Inspector of
Police. The children of the police personnel who secured highest marks in
the public examinations are rewarded by providing financial assistance from
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the Tamil Nadu Police Benevolent Fund. The Committee is taking decisions
to sanction funds based on the terms stipulated by the Circular Memorandum
– II issued by the Director General of Police. The terms are decided by the
Committee which is being implemented for the purpose of operating the
Tamil Nadu Police Benevolent Fund.
17.The Tamil Nadu Police Benevolent Fund is an exclusive fund
created by the police personnel working in police department upto the rank
of the Inspector of Police and it is not connected with the Government
medical reimbursement scheme or medical rules as applicable to all the
Government employees of all the Government Departments across the State
of Tamil Nadu.
18.The Writ Court mainly proceeded on the general pretext that
the parents of the employees are also eligible for medical reimbursement
scheme. No doubt, the Government has extended the medical reimbursement
scheme to the parents of the employee. Such general scheme of the
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Government of Tamil Nadu has no application with reference to the Tamil
Nadu Police Benevolent Fund which is an exclusive fund created. That
apart, extending the scope of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007, would not arise in this case. It is a special scheme
and therefore, any liberal interpretation would defeat the objectives of the
scheme and in the event of reading down the terms and conditions of the
scheme, the Committee may not be in a position to meet out the
requirements for providing financial assistance to the needy police personnel
and the children who are all meritorious.
19.At the outset, the High Court in exercise of the powers of
judicial review cannot expand the scope of such exclusive schemes and it is
beyond the realm of the powers of judicial review. Reading down the terms
are impermissible. It cannot be equated with the rules or the general scheme
issued by the Government applicable to all the Government Departments.
Therefore, this Court is of the considered view that the writ Court has
exceeded by interpreting the scope of the scheme which would result in
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causing prejudice to the objectives and purpose of the scheme. That being
the factum, this Court is inclined to interfere with the writ order impugned.
20.Accordingly, the order impugned dated 07.01.2021 passed in
W.P(MD)No.1514 of 2020 is set aside and the Writ Appeal stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petition is closed.
[S.M.S.,J.] & [A.D.M.C.,J.]
09.07.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
2.The Superintendent of Police,
K.Pudur,
Madurai – 625 007.
3.The Commissioner,
Department of Treasuries and Accounts,
Panagal Building,
No.1, Jeenis Road, Saidapet,
Chennai – 600 015.
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S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
ps
ORDER MADE IN
DATED : 09.07.2025
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