JHARLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the widow of a Government employee who died, while in service, on 1.12.1985. According to the petitioner she was entitled to receive as Group Insurance a sum of Rs. 96,000/ - as provided under resolution No. 4145 dated 13.7.1985 amending the Group Insurance Scheme w. e. f. July 1, 1985 (hereinafter referred to as the 1985 Scheme). The respondent authorities, however, maintained that she should be paid Rs. 24,000/ - only as Group Insurance under resolution No. 3412 dated 29.3.1982 (hereinafter referred to as the 1982 Scheme) which was in existence till July 1, 1985 before being amended by the 1985 Scheme.

(2.) AT the time of admission of this case the Court directed for payment of the admitted amount of Rs. 24,000/ - to the petitioner without prejudice to her claim for the higher amount. A bank draft for Rs. 24,000/ - drawn in the name of the petitioner was accordingly handed over to her Counsel in Court on 3.2.1989. The claim of the petitioner thus subsists in respect of the balance amount of Rs. 72,000/ -.

(3.) THE 1985 Scheme further enhanced the monthly contribution from the employees to Rs. 80/ - and provided for payment of Rs. 96,000/ - (instead of Rs. 24,000/ -) in a lump sum, in case of the employee's death, to the person nominated by him. The 1985 Scheme came into effect from July 1, 1985 (Clause 8).