CWP No.10067 of 1993 :1
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision: 10.12.2009
Kamla Devi Vs. State of Haryana and others
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr.JN Gupta, Advocate, for the petitioner.
Mr.RD Sharma, DAG, Haryana, for the respondents.
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PERMOD KOHLI, J. (Oral):
I have heard the learned counsel for the parties at length.
The husband of the petitioner Ram Kumar was working as
a Canal Patwari in the office of respondent No.4. He died on
27.04.1987 while in service leaving behind the petitioner his widow
and three minor children. It is alleged that the deceased husband of the
petitioner was a member of the Group Insurance Scheme initiated by
the State in accordance with the Haryana Civil Services (Group
Insurance) Rules, 1985. The husband of the petitioner was also
contributory to the aforesaid scheme. The petitioner claims that
Rs.20,000/- is payable to her on account of the Group Insurance
under the Group Insurance Scheme. It is stated that the said scheme
was compulsory and all the employees were necessarily to be members
of the scheme unless they exercise option not to be governed by the
scheme. The option was to be exercised in the prescribed form. It is
CWP No.10067 of 1993 :2
further alleged that the deceased husband of the petitioner did not
exercise option as required under the law. After the death of the
husband of the petitioner, the petitioner made representation claiming
the amount payable under the Group Insurance Scheme. Respondent
No.3, however, rejected the claim vide letter dated 10.08.1990,
(Annexure P-7), stating that as per record, no contribution was made
by the deceased employee. The aforesaid order is the subject matter of
challenge in the present writ petition. The petitioner has further prayed
for a direction to release the amount payable to her under the scheme
aforesaid.
In the reply filed by the respondents, it is admitted that the
amount towards contribution to the scheme was deducted from the
salary of the husband of the petitioner from March 1986 to October,
1986. However, later on some members including the petitioner opted
out of the scheme and after November, 1986 no deduction was made.
It is stated that the amount deducted has been refunded to the
petitioner on 24.08.1987 vide Bill No.1110.
Learned counsel for the petitioner has relied upon a
judgment of this Court in case of Santosh Sharma Vs. State of
Punjab, 1996 (2) SCT, 477. In this judgment, this Court has
specifically ruled that the membership of the scheme is compulsory
unless an employee opts out of the scheme. This Court has interpreted
Rules 3 and 4 of the Scheme. While interpreting the rules, it has been
held that an employee in government service is deemed to be
CWP No.10067 of 1993 :3
contributory or a member of the scheme unless he opts out of the
scheme in Form No.3 by a specified date. The respondents have
referred to Annexure R-1, a list of the Canal Patwaris, who are stated to
have opted out of the scheme. However. no date of the opting out
from the scheme has been shown, nor the copy of Form No.3 which
was required to be filled by the deceased employee opting out of the
scheme has been placed on record. The contribution for some of the
period has been admitted. It has also come on record that the said
contribution was returned to the petitioner after the death of the
deceased employee. In what manner, the said amount was returned to
the petitioner has not been properly explained except referring to bill
number only. Whether the amount was sent to the petitioner through
any communication or letter indicating that it is the refund of the
contributory amount of the scheme, nothing has been stated in this
regard. Therefore, the petitioner might have received the amount as
part of the retiral benefits. Unless it is shown that the amount was
received by the petitioner knowing fully well that it was a refund of the
contribution, respondents cannot set up as a plea against the petitioner.
In the totality of the circumstances of the case, this petition
is allowed. The respondents are directed to communicate the amount
of contribution payable by the deceased husband of the petitioner
within a period of four weeks. The amount shall carry interest at the
rate of 6 percent per annum from the date contribution is due till the
death of deceased employee.. The respondents are further directed to
CWP No.10067 of 1993 :4
pay/release the amount of the Insurance payable under the Group
Insurance Scheme within a period of one month thereafter.
10.12.2009 (PERMOD KOHLI) BLS JUDGE
Note: Whether to be referred to the Reporter? NO