STATE OF MADHYA PRADESH Vs. JOGINDER NATH MONGA

JUDGEMENT

(1.) This appeal raises a short question whether Dr. (Smt.) Satyawati Monga, wife of the respondent, was entitled to the benefit under the Madhya Pradesh Employees Group Insurance Scheme, 1985 (hereinafter referred to as the 1985 Scheme).

(2.) Consequent to the recommendations of the Third Pay Commission, the Government of Madhya Pradesh introduced the Government Servants Family Benefit Fund Scheme in 1974 (hereinafter referred to as the 1974 Scheme) which covered employees belonging to Classes I to IV. The employees falling in Class I were required to contribute Rs. 30/- per month as contribution towards the said scheme till retirement and on retirement or death they were entitled to the payment of Rs. 30,000/-. The 1974 Scheme was replaced by the 1985 Scheme with effect from June, 1985 by notification dated March 27, 1985. Under the 1985 Scheme the amount of contribution was raised for Class I employees from Rs. 30/- to Rs. 80/- and the benefit available under the scheme was increased from Rs. 30,000/- to Rs. 80,000/-. Dr. (Smt.) Satyawati Monga was employed as Professor of Pathology in G. R. Medical College at Gwalior, she was due to retire on attaining the age of superannuation on September 1, 1987 but before that date she died on December 14, 1986.

(3.) The respondent was paid the death-cum-retirement benefit as well as the arrears of pension on February 6, 1988 and the amount under the General Provident Fund on February 25, 1988. By way of Family Insurance benefit a sum of Rs. 30,000/- was paid to the respondent on February 25, 1988. He filed the writ petition (Misc. Petition No. 106/90) giving rise to this appeal in the High Court of Madhya Pradesh wherein he claimed interest on delayed payment of retiral benefits in respect of his decased wife and also claimed that the deceased wife of the respondent was covered by the 1985 Scheme and a sum of Rupees 80,000/- was payable by way of Family Insurance benefit instead of Rs. 30,000/- that was paid to him. The said writ petition was contested by the appellants who submitted that the 1985 Scheme was not applicable in the case of the deceased wife of the respondent because during her life time she had not opted for the 1985 scheme and she had not started making contribution at the enhanced rate of Rs. 80/- under the 1985 Scheme and, therefore, a sum of Rs. 30,000/- alone was payable in accordance with the 1974 Scheme.