HIRA NAND KHANDUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are legal heir of deceased Smt. Neelam Khanduja have filed the instant petition under Article 226 of the Constitution for issuance of a writ in the nature of mandamus directing the respondents to grant them the benefits of Haryana Government Employees Group Insurance Scheme, 1985 (for brevity, 'Group Insurance Scheme'), Annexure P-2. An employee who becomes member of the 'Group Insurance Scheme' is entitled to payment of Rs. 20,000/-.

(2.) Facts in brief are that deceased Smt. Neelam Khanduja was working as Headmistress in Government Primary School, Kishanpura, Block Thanesar I, District Kurukshetra. On 20.8.1985, the respondent-State published 'Group Insurance Scheme' in the official gazette in exercise of powers under Article 309 of the Constitution. Clause 3 of the Group Insurance Scheme which is relevant for deciding the controversy reads as under :

(3.) According to clause 3 of the Group Insurance Scheme, a member of the service is to subscribe to the 'Group Insurance Scheme' as set out in the schedule. The proviso further shows that a member of the service who was appointed before commencement of the scheme could exercise option not to become member of the scheme. The option was to be furnished by 30.9.1985. The employees who fail to be the members of the Group Insurance Scheme or fail to give option, they were to be considered as member of the Group Insurance Scheme from the date of commencement of the scheme i.e. 1.4.1986. Smt. Neelam Khanduja having not exercised the option is claimed to have become member of the Group Insurance Scheme in pursuance to above referred clause 3 of the scheme. The subscription of Rs. 20/- was to be deducted w.e.f. April, 1986 and for the month of April, 1986 the subscription in respect of Smt. Neelam Khanduja was deducted. However, she had withdrawn her option to become member of the Group Insurance Scheme in May, 1986 with a request to the respondents not to deduct instalment from her salary. It is claimed that by subsequent instructions dated 20.8.1985, the date of option was extended upto 30.9.1985. On 30.5.1986 another letter was issued by the respondent-State for wider publicity of the scheme and as per the instructions issued vide letter dated 30.5.1986 the date for exercising option was extended to 30.6.1986. Unfortunately Smt. Neelam Khanduja died on 27.8.1986 in an accident.