IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 11863 of 1988. Date of Decision: 23.12.2008. Sarita Agnihotri, Widow of Late Sh. Suresh Agnihotri Kothi No.131, Sector 27-A, Chandigarh. ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. M.K. Tewari, Advocate for the petitioner. Mr. S.S. Sahu, AAG, Punjab. *** PERMOD KOHLI.J (ORAL) The petitioner is widow of late Sh. Suresh Agnihotri, who was working as a Lecturer in Govt. College, Hoshiarpur. In the year 1982 a scheme known as 'Employees Group Insurance Scheme-1982' (in short GIS) was introduced for the welfare of the Govt. employees vide letter No. 7(10) OSD (F) 82-6638 dated 16.8.1982 w.e.f. 1.10.1982. It is alleged by learned counsel for the petitioner that under Clause 4 of the Scheme the membership was compulsory unless an employee decides to opt out of the Scheme. It is, however, said that the husband of the petitioner never opted out of the scheme and contributed towards the GIS. Husband of the petitioner was on extra ordinary medical leave without pay and during this period no deduction was made. It is further stated that the husband of the petitioner died on 6th December, 1982. Petitioner was nominated by the deceased employee for the payment under the GIS. Petitioner submitted an CWP No. 11863 of 1988 -2- application in Form No.6 for the payment of the GIS amount. The Principal of the college vide his order dated 1.12.1983 sanctioned the amount of Rs. 40,000/-. However, vide subsequent order dated 1.7.1985 the order of sanction has been superseded. Vide letter dated 21.2.1986 from the Finance Department to the Treasury Officer, Hoshiarpur, it was communicated that because there is no provision under the Scheme for depositing the subscription in cash and a direction was issued to issue a revised sanction by deducting the recovery of arrears along with interest for the period subscription has been delayed. It is accordingly submitted that in view of the aforesaid letter the GIS amount was to be paid after deduction of the subscription with interest for the period it was not paid. Petitioner has also referred to Annexure P-4 an order dated 1.7.1985, wherein, the Principal, Govt. College, Hoshiarpur has certified that late Sh.Suresh Agnihotri was a member of the GIS Scheme w.e.f. 2.10.1982 and deduction @ Rs. 40/- per month has actually been made from him from October, 1982 to December, 1982 vide challans mentioned therein. On being denied the GIS claim, the petitioner has filed this petition, seeking a direction for payment of GIS amount. The claim of the petitioner is however resisted by the respondents on the ground that the subsequent amount could only be paid by deducting from the salary bill of the petitioner and there is no provision for payment in cash or through treasury challans. It is also denied that the petitioner contributed in the Scheme. Mr. Sahu has argued that the late husband of the petitioner did not contribute towards the Scheme and therefore petitioner is not entitled to any amount. CWP No. 11863 of 1988 -3- I have heard learned counsel for the parties. In view of the office order dated 1.7.1985 it becomes clear that the husband of the petitioner was enrolled as a member of the GIS Scheme and deductions were made from his salary. The Finance Department has already ordered deduction of the amount from the emoluments payable to the deceased employee with interest. In view of the Finance Department's order the petitioner cannot be denied the benefit of the Scheme. This petition is accordingly allowed. Respondents are directed to release the amount payable under the GIS Scheme of which deceased husband of the petitioner was a member within a period of two months from the date a copy of this order is made available to the respondents. This amount shall also carry interest at the prescribed rate, if any and if there is no prescribed rate, then, @ 9% per annum from the date of expiry of one month of death of the employee till the amount is actually paid. (PERMOD KOHLI) JUDGE 23.12.2008 lucky