T. VIJAYACHANDRAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant petition has been filed seeking quashment of Order No.34/LIC/SPBY/Adm-1/07/1219 dated 10.09.2007 by virtue of which respondents have rejected the claim of petitioner for grant of disability insurance claim. He further sought direction to respondents to release amount of disability insurance claim along with interest on the grounds taken in it.

(2.) Petitioner was appointed as Constable on 22.11.1969 and allotted No. 691031000. On 07.09.2006, while he was going on bicycle from Bn. HQ to Trg. Area at Rajouri, he met with RTA involving a private vehicle and fell down due to which he suffered injury on his head and right foot. He was put on conservative treatment both for head and foot injury. Below knee amputation of the Right leg of the petitioner was done. Thereafter, Medical Board was constituted, which after assessment has awarded 40% disability.

(3.) There was LIC's New Insurance Scheme for the personnel of Border Security Force called as Seema Parihari Beema Yojana (SPBY). Under said scheme, respondents are said to have deducting money from the pay of BSF personnel and therefore petitioner was also paying the same from his pay, for which respondents are under obligation to pay the amount of insurance on account of injuries he suffered during service but the respondents have not released the said amount but in case of others, the respondents have released. It is stated that the respondents have given different treatment to petitioner while it is settled law that equals shall be treated equally. Learned counsel submits that the amount so claimed by the petitioner is not a bounty and it is treated as property under the provisions of the Constitution. So it violates the provisions of Article 14 of the Constitution of India and it also violates the provisions of principles of natural justice.