NIRU HATI BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed for payment of group insurance benefits due to the deceased, husband of the petitioner was a Gramsevak under the East Jorhat Development Block of Panchayat and Rural Development Assam. He died on 2.5.83 while in service. On 25.2.83 the Govt. of Assam issued an Office Memorandum with regard to the introduction of Group Insurance Scheme for State Govt. employees on self financing and contributory basis. The object of the scheme can be gathered from the office memorandum as follows : "With a view to provide at a low cost and on a wholly contributory and self financing basis the twine benefits of an insurance cover to help the families of the State Govt. employees in the event of death of the employees while in service and a lump sum payment to the employees or to their families or ceasation of employment on account of resignation, death, retirement etc. the Governor of Assam is pleased to introduce the Group Insurance Scheme as detailed in the Annexure W.E.F. 1.4.83.

(2.) All Heads of Deptts/Office are requested to bring these Orders to the notice of all employees concerned and ensure that the new Scheme is into effect from 1st April, 1983.

(3.) " Detailed procedure regarding accounting of the transaction relating to the scheme is being issued separately. Immediate actions are now requested paras 16 to 19.7 of the Scheme which relate to informing members of their enrolment, collection of nomination from members and opening of a register of members etc." 2. The scheme was permanent from 1.4.83 for the State Govt. employees and Clause 4.1. and 4.2 provides for the membership. The husband of the petitioner herein was a existing employee and as such automatically he became a member under the scheme as soon as the scheme was introduced. Clause 5 provides for subscription of members. Clause 7.1 provides as follows : "7.1 In order to provide an insurance cover to each member of the 'scheme' a portion of the subscription shall be credited to Insurance Fund to be held in the Public Account of the State Government The amount of Insurance cover will be Rs. 10,000/- for each unit of subscription. It will be paid to the families of those 'employees' who unfortunately die, due to any cause, while in State Government service." 3. Clause 9 provides for recovery of subscription. Clause 9.1 to to 9.7 are quoted below : "9.1. The subscription of a member for a month shall fall due at the commencement of the normal working hours on the first of that month. 9.2. The subscription as a premium for the insurance cover from the date of joining Government service to the date of membership of the 'scheme' shall initially fall due from the date of joining and subsequently from the commencement of normal working hours on the first of every month. 9.3 The subscription for a month shall be recovered by deduction from the salary/wage of the 'employee' for that month irrespective of the date of actual payment of salary/wage for that: month. 9.4. The subscriptions shall be recovered every month including the month in which 'employee' ceases to be in employment on account of retirement, death, resignation, removal from service etc. 9.5 The Drawing and Disbursing Officer shall recover the subscription from the 'employees' irrespective of their being on duty, leave or suspension. 9.6 No interest shall be levied an arrears of subscriptions if the non-recovery is due to delayed payments of salary/wage. 9.7. If an 'employee' is on extra-ordinary leave and there is no payment of his salary/wage for any period, his subscriptions for the months for which no payments of salary/wage are made to him shall be recovered with interest admissible under the 'scheme' on the accretions to the Savings Fund is not more than three instalments commencing from his salary/wage for the months following the month in which he resumes duties after leave. If an 'employee' dies while on extraordinary leave the subscriptions due from him shall be recovered with interest admissible under the 'scheme1 on the accretions to the Savings Fund from the payments admissible to his family under the 'Scheme"'