The term "wholly dependent" has been interpreted by the Divisional Bench of Supreme Court as under:
. A Division
of this Court in Govind Dass and Ors. v. Kuldip Singh , has held that the word "dependent" is not restricted to mere financially dependency but comprehensive enough to include persons who are dependent on the landlord for residential accommodation for the purpose of Section 14(1)(e) of the Delhi Rent Control Act,1958. It was observed as under:
...The term must be construed as meaning somebody not wholly independent or self-supporting and in a position to set up separate residence. Dependence may not in all circumstances be entirely a matter of finance and.... To our mind this interpretation, if accepted, would tend to restrict the meaning of the word "dependant" to a person being financially dependant. In the socio-religious structure of Hindu society it is common for all the members of a family of brothers to live together while some men folk in the family may go out of town to earn a livelihood and even remit their earnings to the family. One cannot shut one's eyes to this structure of our society and so to give a restricted meaning to the word "dependant" would be to provide a definition of this word which the legislature has advisedly chosen not to do so....
Kindly examine above interpretation in context of following Rules adopted by M/S Indian Oil Corporation Ltd.
A ) An officer, who has been allowed to keep his family at a station other than the place of his posting subject to meeting the prescribed conditions, can draw HRA or avail leased accommodation for residence of his family at that station. In case he opts for HRA, the same is admissible at the applicable rate as per the classification of the city where the family is residing. The officer can avail transit accommodation for self, if available, at the place of posting
B)Where family is allowed to reside at a station other than the station of posting, “dependent parents” of the officer may stay with the family and this would be deemed as staying under the same roof with the officer to meet the condition of dependency, provided their income is within the limits prescribed for the purpose.
C)If a bachelor officer declares his parents as dependent on him, the parents have necessarily to reside with him at the station of his posting to meet the condition of dependency. He may therefore, avail company owned, leased accommodation or HRA at the station of his posting as per rules. In case of bachelor officer availing Transit Accommodation, the facility of leased accommodation or HRA will not be available for parents.
As per rule C they say that House Retention would not be allowed to Bachelor Officer. Is it not discrimination?
