ORDER
Ashutosh Mohunta, J.
1. Chanderkanta deceased wife of the plaintiff was a J.B.T. teacher appointed on 14.12.1979. The case of the plaintiff is that he is entitled to the legitimate legal dues admissible to the deceased. It has specifically been claimed that the payment of Group Insurance Scheme which comes to about Rs.20,000/- has not been paid to him. All other dues have been paid.
2. The short question arises in the present case is whether the deceased who was regular employee prior to her death was entitled to the benefits of Group Insurance Scheme, 1985? As per Rule 3 of the Haryana Civil Services Group Insurance Rules, 1985 a member of the service who was appointed prior to 1985 could opt to be governed by the group insurance scheme. However, a choice was left to the employee not to be a member of the scheme also. The scheme was introduced on 1.4,1986. The deceased Chanderkanta become a regular employee on 1.11.1986 and she died on 19.5.1987. She was given the status of a regular employee after her death, with effect from 1.11.1986. Thus, it is clear that at the time of her death, she was a regular J.B.T. teacher. A perusal of Rule 3 makes it absolutely clear that a person who does not opt to become a member of the said scheme would automatically became a member thereof.
“Rule 3 of the Haryana Civil Services Group Insurance Rules: A member of the service shall subscribe to the Group Insurance Scheme shall subscribe to the Group Insurance Scheme as set out in the Schedule and shall be eligible to the benefits of the Scheme in accordance therewith:
Provided that a member of the service who was appointed before the commencement of these rules may exercise option not to be governed by the Group Insurance Scheme. The option should be exercised by 30th September, 1985. Those employees who do not exercise their option in the prescribed form 3, shall be deemed to have become members of the scheme from the date of the scheme comes into force. The option once exercised (or not exercised) shall be final.”
3. The trial Court rightly decreed the suit of the plaintiff and passed a decree to the effect that plaintiff is entitled to receive payment under the Group Insurance Scheme applicable to his deceased wife Smt. Chanderkanta. The judgment of the trial Court was challenged by State of Haryana before the Additional District Judge, Faridabad who vide his judgment dated 20.8.1992, set aside the findings of the trial Court and held that as Smt. Chanderkanta was not a regular employee on 1.4.1986, therefore, she is not entitled to the benefit of the said scheme.
4. Mr. Dahiya, learned Assistant Advocate General appearing on behalf of the State of Haryana has contended that as per Rule 2(ii) a member of service means an employee of Haryana. Government but does not include any person of casual employment or locally recruited staff or part time employee. Learned Counsel contends that as on 1.4.1986, Smt. Chanderkanta was not a regular employee but only a adhoc employee and therefore the benefits of the Group Insurance Scheme cannot be made applicable to the plaintiffs deceased wife. He further states that till her death she was a temporary employee and was regularised with back date only after her death.
5. Mr. Sihota, learned counsel for the appellant has contended that if a member of the service becomes regular employee even after 1.4.1986, the Group Insurance Scheme is fully applicable to that employee. According to the counsel, it makes no difference whether deceased was regular employee at the time of her death or was regularised from backdate. The fact remains that as on 1.11.1986, she was a regular employee.
6. I fully agree with Mr. Sihota that the deceased had not exercised any option with regard to the fact whether she wanted to become member of the Group Insurance Scheme or not. All employees are compulsority to become members of said scheme from 1.4.1986 and as the deceased was regular employee on 1.11.1986, the Group Insurance Scheme is fully applicable to her and she was entitled to all the benefits of the said scheme.
7. Accordingly, I allow this appeal and set aside the judgment and decree of the Additional District Judge, Faridabad dated 20.8.1992 and grant a decree to the plaintiff/appellant that he would be entitled to receive payment under the Group Insurance Scheme applicable to his deceased wife Smt. Chanderkanta. It is further directed that the payment shall be made within three months from the receipt of copy of this order with effect from the judgment and decree of the Senior Sub Judge, Faridabad dated 31.1.1991 alongwith simple interest @ 9% per annum.