VIKAS GUPTA Vs. UOI

JUDGEMENT

(1.) THIS writ petition filed in public interest seeks mandamus to the respondent Postal Life Insurance Directorate, Department of Posts, Government of India to keep the maximum sum assured for disabled persons at Rs.5,00,000/ -, at par with non -disabled persons and to reduce the premium for disabled persons by bringing it at par with that for non - disabled persons.

(2.) THE case, as set out in the writ petition is that Postal Life Insurance Policy is issued by the respondents for the benefit of employees of Post and Telecommunication Department and other government employees; that the said Policy makes a distinction between disabled and non -disabled employees; whereas non -disabled employees can avail a maximum insurance of Rs.5,00,000/ -, the maximum sum insured for disabled employees is Rs.1,00,000/ - only; not only so, the disabled employees have to pay an extra premium also. The petitioner contends that the discrimination so meted out to the disabled employees is violative of Article 14 of the Constitution of India and the classification of the disabled and non -disabled employees in the matter of issuance of insurance policy is not based on any reasonable differentia and has no nexus with the purpose for which such insurance policies are issued. It is yet further contended that the same is violative of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 enacted in culmination of the decisions taken in the United Nations Convention on the Rights of Persons with Disabilities, to which India is a signatory.

(3.) AN affidavit dated 09.02.2010 was thereafter filed by the GM (PLI), Postal Life Insurance Directorate stating that some extra premium was charged from the persons with disability since disabled persons are more prone to accidental risks as compared to non -disabled persons. It was inter alia stated in the said affidavit: -