IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 25515 of 2008(K) -------------------------- PETITIONERS: 1. MARIA ZACHARIA, W/O.K.M.THOMAS 47 YEARS KOORUMULLUMTHADATHIL HOUSE, KANAKKARY PO., KOTTAYAM, REP. BY 2ND PETITIONER K.M.THOMAS. 2. K.M.THOMAS, S/O.K.T.MATHEW, 48 YEARS KOORUMULLUMTHADATHIL HOUSE, KANAKKARY PO. KOTTAYAM BY ADV. SRI.C.C.PADMAKUMAR RESPONDENTS: 1. UNION OF INDIA, REP. BY THE DEFENCE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-100 001. 2. SECRETATRY, MINISTRY OF DEFENCE (FINANCE NEW DELHI. 3. DIRECTOR GRENERAL OF MEDICAL SERVICES (ARMY), ADJUTANT GENERAL'S BRANCH ARMY HEAD QUARTERS, NEW DELHI-110 001. 4. ADJUTANT GENERAL, A.G.BRANCH, ARMY HEAD QUARTERS SENA BHAVAN, NEW DELHI. 5. MANAGING DIRECTOR, ARMY GROUP INSURANCE FUND AGI BHAVAN, RAO TULA RAM MARG, POST BAG.NO.14 , PO.VASANT NAGAR, NEW DELHI-110057. 6. ASSISTANT DIRECTOR, AREMY GROUP INSURANCE FUND AGI BHAVAN, RAO TULA RAM MARG POST BAG NO.14, PO.VASANT NAGAR, NEW DELHI-110057. 7. OFFICER IN CHARGE, CDA(O) G.B.MAIDAN, PUNE-411001. BY ASG ADV. SRI.T.P.M IBRAHIM KHAN SRI.N.SUKUMARAN FOR R5-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25515 of 2008 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE LETTER DATED 13.12.2007 ISSUED BY THE 4TH RESPONDENT EXT.P2: TRUE COPY OF THE JUDGMENT DATED 6.3.2006 IN WRIT PETITION NO.37772/04 EXT.P3: TRUE COPY OF SPEAKING ORDER DATED 8.8.06 ISSUED BY 3RD RESPONDENT EXT.P4: TRUE COPY OF ABSTRACT OF RECORDS OF AFMSE -16/17 THE INVALIDING MEDICAL BOARD PROCEEDINGS EXT.P5: TRUE COPY OF OPINION OF SENIOR ADVISOR IN SURGERY AND NEURO SURGERY OF INHS, ASWINI DATED 30.10.2006 EXT.P6: TRUE COPY OF ARMY SERVICE CERTIFICATE DATED 27.11.2007 ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER EXT.P7: TRUE COPY OF THE LETTER DATED 25.9.07 ISSUED BY THE 6TH RESPONDENT EXT.P8: TRUE COPY OF ORDER DATED 1.0.2007 ISSUED BY THE 6TH REESPONDENT TO 1ST PETITIONER EXT.P9: TRUE COPY OF REPRESENTATION DATED 30.7.08 SUBMITTED BY PETITIONERS TO 5TH RESPONDENT EXT.P10: TRUE COPY OF POSTAL RECEIPT SHOWING THE SUBMISSION OF EXT.P9 REPRESENTATION TO 5TH RESPONDENT RESPONDENTS EXHIBITS: ANNEXURE R5 (a) PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR OF SOCIETIES, NEW DELHI BEARING NO.S/8357/2006 ANNEXURE R5 (b) TRUE COPY OF THE AGI SCHEME INTRODUCED WITH EFFECT FROM 1.1.1980 VIDE AO 27/81 NOW AO 23/2002/ACI ANNEXURE R5 (c) TRUE COPY OF THE LETTER NO.MN/DS/1114354 DT.25.9.2007 ANNEXURE R5 (d) TRUE COPY OF THE LETTER NO.MNS/MA/870602 DT.16.6.2007 ANNEXURE R5 (e) TRUE COPY OF LETTER NO.A/5627/1/4/AGpins (Oord) (i) dated 31.10.2006 ANNEXURE R5 (f) TRUE COPY OF THE LETTER NO.A/56295/NR-17648/AG/Ins (O) dated 3.9.2008 /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.25515 of 2008 -------------------------- Dated this the 27th October,2009 J U D G M E N T First petitioner is the wife of the 2nd petitioner. She was a Military Officer. She was invalidated out of service on account of 100% disability as evidenced by Ext.P1. Disability was attributable to military service. Apart from the disability pension, 1st petitioner is also entitled to appropriate disability benefits under the Army Group Insurance Fund. A copy of the scheme has been produced as Annexure R5(b). Maturity value of the policy of insurance was Rs.15 lakhs and the insured/beneficiaries are entitled to get the full amount of Rs.15 lakhs in the case of death. The insured/beneficiaries is entitled to the entire face value of the policy of insurance where he/she completes the total number of years of service as such. If death occurs before completion of the requisite years of service then lesser amount as per an actuary table will be given to the beneficiaries. Where the officer is disabled out of service with 100% disability then the disability benefit equivalent to 50% of the insurance coverage will be paid to the W.P ( C) No.25515 of 2008 2 beneficiary. 2. Apart from this, an officer is also entitled to maturity benefit. In so far as the petitioner is concerned, it is admitted that disability benefit for 100% disability amounting to Rs.7.5 lakhs was paid and released on 12.10.2007. Maturity benefit amounting to Rs.2,97,779 was paid as per Cheque dated 15.6.2007. 3. Dispute in the instant case is whether the 1st petitioner is entitled to maturity value of the insurance policy. She was invalidated out of service before completing her entire term. Taking note of the disability suffered by the 1st petitioner, she has been granted an ex- gratia disability allowance by way of interest at quarterly rests accrued on the amount of Rs.7.5 lakhs. According to the petitioner, apart from the disability benefit of Rs.7.5 lakhs she is also entitled to get the balance amount of Rs.7.5 lakhs. This has been denied by the respondents and hence the writ petition. 4. I have taken note of the relevant clauses of the Insurance Policy. It is clear that the entire maturity value of the policy is payable only when the officer concerned W.P ( C) No.25515 of 2008 3 completes requisite number of years as per the policy. Where the death occurs in between, then full policy value is paid to the beneficiaries. Where the person concerned is invalidated out of service due to 100% disability, which is attributable to military service, then the amount payable is 50% of the insured amount . That has been paid in the instant case. 5. Maturity benefit in so far as the policy is concerned has also been paid. Ex-Gratia Disability Allowance is payable not in terms of the Insurance Policy but in terms of the Scheme that was brought into force as per Annexure R 5 (e). It is payable in the case of severely handicapped disabled officers who are invalidated due to 100% disability. The said Ex-Gratia amount is paid as constant attendant allowance. This allowance has admittedly been paid to the petitioner. This is the clause that is referred to in R5 (d). The details of such entitlement are given in Annexures R5 (e) and (f). In these circumstances, I am satisfied that respondents cannot be faulted with for not paying the amount as further demanded by the petitioners. The W.P ( C) No.25515 of 2008 4 amounts due to the 1st petitioner have been paid. No doubt the condition of the 1st petitioner is pathetic. But this Court cannot issue a writ to the respondents to effect an out of turn payment from a contributory fund unless entitlement is clear and demonstrated. That has not been so done in the present case. Apparently, as pointed out by the learned counsel for the respondents, Ex-Gratia payment being effected every quarter by the respondents is an acknowledgment of the severe handicap suffered by the 1st petitioner. Obviously she is entitled to the same for the rest of her life. The said payment is called as constant attendant allowance and it shall continue to be paid during the lifetime of the 1st petitioner. I do not find any grounds to issue a further direction to the respondents in this writ petition. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25515 of 2008 5 W.P ( C) No.25515 of 2008 6