- (1.) The petitioner, who is widow of a deceased employee with the UHBVN, has a grievance that the terminal benefits have not been given. It appears that subsequent to the filing of the writ petition, she has been released the leave encashment, the ex-gratia financial assistance and some compensation payable as on 30.06.2011. The residual benefits that remain unsatisfied are: (i) Insurance claim payable to the family of the deceased under Group Insurance against Reliance General Insurance Company arrayed as 7 th respondent here; (ii) the 1 st ACP payable after completion of 10 years; and (iii) Death-CumRetirement Gratuity (DCRG).
(2.) As regards the petitioner's claim for insurance, the contention raised is that in a communication made to the Reliance General Insurance, they have replied on 23.12.2010 that the petitioner's husband name had not been covered in the list forming part of the policy. The counsel for the respondents admits that this is a mistake and the petitioner's husband name also forms part of the policy and, therefore, the benefit of the policy must be paid to the petitioner. There shall, therefore, be a direction against the 7 th respondent to make the payment and the competent officers of UHBVN will engage the 7 th respondent through appropriate communication and the amount payable to the widow be paid through the 7 th respondent. The amount payable on maturity on the happening of the contingency, which was the term of the policy, shall be paid by the 7 th respondent with interest @ 12% per annum from the date when the contingency arose till the date of payment.
(3.) As regards the claim for the 1 st ACP, the petitioner points out, admittedly, that there is ACP scheme in force called 'the UHBVN (Assured Career Progression) Rules, 2009' which is deemed to have come into force from 1 st January, 2006. The 1 st ACP is payable on the completion of 10 years and amongst the conditions for eligibility, it is stated that it shall be released on completion of "regular satisfactory service". The "regular satisfactory service" is defined in Note to Clause 7 of the Scheme, which is reproduced hereunder: "For the purpose of these rules, "regular satisfactory service" means continuous service counting towards seniority under UHBVNL, including continuous service in PSEB & HSEB before re-organization, commencing from the date on which the employee joined his service after being recruited through the prescribed procedure or rules etc. for regular recruitment, in the cadre in which he is working at the time of being considered his eligibility for grant of ACP pay band and grade pay under these rules and further fulfilling all the requirements prescribed for determining the suitability of grant of ACP pay structure." The other conditions for eligibility of ACP pay structure are set out in Clause 8, which is also reproduced hereunder: "(a) after completing the respective prescribed period for eligibility for the grant of ACP pay structure the employee should be fit to be promoted to the next higher post in the functional hierarchy in his cadre, but could not be functionally promoted due to lack of vacancy in the promotional post in the hierarchy to which he is eligible to be promoted; (b) if such promotion involved passing of any departmental test or other test etc., such condition should also be fulfilled by such employee.";