IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1151 of 2004 LIFE INSURANCE CORPN.OF INDIA through its Regional Manager ( P & GS Unit), Patna Divisional Office, Jeevan Prakash Majahrool Haque Path, Patna. ………………..Respondent No.4- Appellant. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Saharsa. 3. The Special Officer, Saharsa Municipality, P.O. & P.S. Town, District Saharsa. …………..Respondents No.1 to 3. 4. Dheeraj Kumar Verma, Son of Late Hare Krishnalal Das, resident of village Mahabir Ashram, P.S. Kayashtha Tola District Saharsa. 5. Neeraj Kumar Varma Son of Late Hare Krishnalal Das, resident of village Mahabir Ashram, P.S. Kayashtha Tola District Saharsa. 6. Neetu Kumari, daughter of Late Hare Krishnalal Das, resident of village Mahabir Ashram, P.S. Kayashtha Tola District Saharsa. …………………Petitioners- Respondents no. 4 to 6. ----------- For the Appellant: Mr. U.P. Singh, Sr. Advocate & Mr. Rajeev Ranjan Pd. Advocate. For the Respondent-Petitioner: Mr. Anil Kumar Mukund, Adv. ………….. 17 21.6.2011 This appeal was also listed on 20.6.2011 but as no one had appeared on that date the case is listed today under the heading for Orders. This appeal has been filed against the order dated 24.9.2004 passed in C.W.J.C. No.12898 of 2001 whereby the learned Single Judge has directed the appellant to pay the Group Insurance amount to the writ petitioners with interest @ 12% per annum from the date of death of father of the petitioners till the date of payment. The said writ application was filed by the legal heirs of Late Hare Krishna Lal Das, who was an employee of the Municipality of Saharsa and died in harness on 1.3.1999, claiming payment of retiral dues. Their further prayer was for a direction to 2 the respondent- Life Insurance Corporation of India to make payment of group insurance with Interest. The learned counsel appearing on behalf of the appellant- Life Insurance Corporation of India has taken a stand that as the policy in question has already been lapsed in the year 1997 for non payment of premium as such there is no question for payment of amount of Group Insurance by the appellant. It has further been contended by the learned counsel for the appellant that in view of the decision rendered in the case of ‘Chameli Kahtun Vs. The State of Bihar & Ors’ reported in 2000 (2) PLJR 486 the LIC of India cannot be made liable for payment of amount of Group Insurance due to laches on the part of the employer of the deceased employee in depositing the premium amount of the scheme. It is the employer who is responsible to pay the amount of Group Insurance with interest to the petitioner as due to negligence on the part of the employer the policy was lapsed in the year 1997. Having heard counsel for the parties, we are of the opinion that as no material or evidence has been produced before us to show that the employer has made any attempt to alive the Group Insurance Scheme of the deceased employee as such in view of the decision cited Supra he is responsible for payment of balance amount of the Group Insurance as there was laches on the part of the employer in depositing the premium amount of the scheme. 3 In that view of the matter, we modify the order of the learned Single Judge to the extent that it is the employer, i.e. respondent no.3 who is responsible to pay the balance amount of Group Insurance. With the above modification in the order of the learned Single Judge this appeal is allowed. Abhay Kumar ( T. Meena Kumari, J.) (Akhilesh Chandra, J.)