YOGENDRANATH MONGE DR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition filed under Article 226 of the Constitution of India.

(2.) BRIEFLY stated, the facts leading to the filing of this petition are that Dr. (Smt.) Satyawati Monge, the wife of the petitioner, was in the service of the State Government of M.P. as Professor of Pathology in Gajra Raja Medical College at Gwalior at the time of her death on 14 -12 -1986. She expired before reaching superannuation which had to fall on 1 -9 -1987. She had nominated the petitioner as the person entitled to receive all amounts due to her in the event of her death. It is pleaded that the amount was payable by the respondents within 15 days from the date of retirement or death as the case may be and as such, the respondents were under obligation to pay the amount by 1 -1 -1987. It is averred that a part amount was paid on 6 -2 -1988 and the remaining amount was paid on 25 -2 -1988 without interest. The petitioner, as nominee of the aforesaid deceased Government servant, has claimed interest. His another grievance is that late Dr. (Smt.) Satyawati Monge was covered under the Family Insurance Scheme, 1985 whereby a sum of Rs. 80,000/ - was payable on death, but the respondents had paid only Rs. 30,000/ - in March, 1987. The petitioner, contended that in the absence of option, exercisable within the limit prescribed, it had to be assumed that the beneficiary was covered by the new scheme fetching payment of Rs. 80,000/ -. the petitioner has thus, prayed that the respondents be directed to pay a) the interest and b) the difference of Rs. 50,000/ - as noted above. The petitioner has annexed with the petition Annexure A -1 (providing for interest in case of delay on administrative grounds), Annexure A -2 (highlighting the need for following guideline), Annexure -B (notice demanding justice) and Annexure -D (Reply to earlier letter).

(3.) WE have heard Shri D.R. Upadhyaya, learned counsel for the petitioner and Shri S.K. Nigam, learned Government Advocate for the respondents.