AJAT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ajat Kumar and others, children of Gian Inder Parkash Sharma pray in this petition filed under articles 226 and 227 of the Constitution of India for mandamus directing the respondents to pay Rs. 20,000/- to them under the Employees' Group Insurance Scheme as their father Gian Inder Parkash Sharma died after enforcement of the said Scheme and he had never opted out of the Scheme.

(2.) Gian Inder Parkash Sharma was employed as Superintendent Grade-IV in P.W.D. (Mechanical), Public Health Division, Patiala. He died on October 15, 1982 after serving the department for more than 30 years. As a matter of fact, on October 15, 1982, Gian Inder Parkash Sharma and his wife died in a road accident. The petitioners, children of Gian Inder Parkash Sharma requested the department to give the benefit under the Scheme of them. A notice in this respect was also issued, copy of which is Annexure, P. 2. Since no action was taken by the respondents, this writ petition was filed. In the written statement, stand taken up by the respondents is that Gian Inder Parkash Sharma never opted for the Group Insurance Scheme and never applied for membership of the Scheme. As a matter of fact, before his death, he was not aware of the Scheme. Necessary instructions regarding the Scheme were received in their office on October 20, 1982 whereas Gian Inder Parkash Sharma died on October 15, 1982. Thus, the children of the deceased Gian Inder Parkash Sharma were not entitled to compensation amount of the Insurance Scheme. Other fact that the Scheme was enforced in the State of Punjab with effect from 2.10.1982 is not disputed. Paras 3 and 4 of the Scheme read as under :-

(3.) The purpose or introducing Group Insurance Scheme was to give the benefit to heirs of the deceased government employee whose risk of life was covered by the Insurance Scheme on payment of a very nominal amount and this scheme was compulsory for all Government employees who joined the service after enforcement of the scheme as well as those who were already in service could before a specified date that is 30th September, 1982, opt out of the scheme and such an option once exercised or not exercised was to be treated as final. Admittedly in the present case Gian Inder Parkash Sharma did not exercise his option to opt out of the scheme. Thus, for all intents and purposes, he was a member of the service entitled to the benefits of the scheme as per para 4 referred to above.