PANDEYTALLYSAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, in this writ application, prays for quashing of the order dated 22.12.1994 (Annexure-1) whereby and whereunder the State Government has rejected her claim for payment of 75% of the Group Insurance amount with interest thereon . under paragraph 3(e) of its Finance Department's Resolution No. G.I.I-02/85-4185-F. dated 13th July, 1985, (in short 'the Resolution,) contained in Annexure 5, apart from payment of lump-sum amount of Rs. 96,000/- in terms of paragraph 2(b) of the Resolution and, further prays for issuance of writ in the nature of mandamus directing the respondents to pay the aforesaid Group Insurance amount deposited by the deceased husband of the petitioner during the his lifetime.

(2.) In short, the relevant facts of this case are that the husband of the petitioner, Late Pandey Narendra Sahay, was a member of the Bihar Adminsitrative Service appointed in the year 1962 as Sub-Deputy Collector and was posted as Under- Secretary, Home (Special) 'Department in the State Secretariat, Patna till 6-8-1994 when he died in harness in Kurji Holi Family Hospital at 3.58 A.M.. In the year 1979, the Government of Bihar came up with a Group Insurance Scheme and framed rules, named as Bihar Government's Servant's Compulsory Group Insurance Rules, 1979 which came into force with effect from 1st October, 1979. The said rules applied to work charge staff, temporary and permanent gazetted and non-gazetted Government. Servants of regular establishment, persons on foreign service and on deputation and Officers of All India Service belonging to the cadre of the State cadre, but not applied to those who are appointed on daily wages are on extension in service after attaining the age of superannuation or have been re-employed after retirement. According to the said Rules, A Government servant had to contribute Rs. 10/- per month compulsorily from his pay from 1st November, 1979. Rule 12 of the said Rules provides that if a Government servant dies while in service, his/her nominee shall be paid Rs. 12.000/- in one lump sum.

(3.) It is claimed that the husband of the petitioner contributed in his Group Insurance account from 1.10.1979 under the aforesaid Scheme. Vide Resolution No. 3412 dated 29th March, 1982 of the Finance Department, the State Government amended the aforementioned Rules, 1979 and monthly contribution of Rs. 10/- was raised to Rs. 20/-. The entire amount deposited by the employees/officers was payable to them with interest at the state of 6% per annum after their retirement. Further, the lump sum amount was increased to Rs. 24.000/- payable to the nominee/legal heir of the Government servant dying in harness. The said scheme was further amended in the year 1985, vide Finance Department's Resolution No. G.I. I-02/85-4185-F dated 13th July, 1985 (Annexure 5). The Resolution, inter alia, raised a monthly contribution from Rs. 20/- to Rs. 80/- from the employees and Officers other than Class IV employees and also raised a lump sum amount payable to the nominee/legal heirs of the Govenment servant who died during ten years of his service or during ten years from the date of including in the scheme. Further, a new provision was added, vide paragraph 3 of the Resolution by which certain percentage of amount deposited by the Government servant, including the interest thereon was made payable to the nominee/legal heirs of the deceased Government servant if he had put in required years of service. Paragraph 3(e) of the Resolution provides that if a Government servant dies after 29 years of service or after 29 years from the date of inclusion in the scheme, the nominee/legal heirs would be paid the aforementioned lump sum amount plus 75% of the amount deposited by him/her, including the interest thereon. The relevant paragraphs of the Resolution are quoted hereunder: