A writ petition challenging the refusal of claim under the Group Personal Accident Insurance Scheme for the death of a government employee on deputation. The High Court held that deputation requires separate premium payment under the scheme and dismissed the petition.
Writ petition dismissed; no claim benefits granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938
WP(C).No. 18799 of 2009 (T)
PETITIONER(S):
KUNJANNAMMA N., AGED 52 YEARS, W/O.JOSEPH ANTONY, LAYIKKARY HOUSE,, S.PURAM P.O., KURICHY, KOTTAYAM.
BY ADV. SRI.S.SANAL KUMAR
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM.
3. THE DIRECTOR, CIVIL SUPPLIES, THIRUVANANTHAPURAM.
4. THE MANAGING DIRECTOR, CIVIL SUPPLIES CORPORATION,, THIRUVANANTHAPURAM.
5. THE SECRETARY TO INSURANCE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM.
6. THE NATIONAL INSURANCE CO. LTD, REGIONAL OFFICE, THIRUVANANTHAPURAM., REPRESENTED BY ITS REGIONAL OFFICER.
R1,R2 & R3 AND R5 BY GOVERNMENT PLEADER SRI.S.KANNAN R4 BY SRI.MILLU DANDAPANI,SC SHRI N.D.PREMACHANDRAN,SC,SUPPLYCO R6 BY ADVS. SRI.GEORGE CHERIAN (SR.) . SMT.K.S.SANTHI . SMT.LATHA SUSAN CHERIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18799 of 2009 (T)
APPENDIX
PETITIONERS'S EXHIBITS:
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.18799 of 2009
Dated this the 14th day of November, 2016
JUDGMENT
Petitioner's husband entered in the service of the Civil Supplies Department on 21.10.1992. While he was on deputation in Civil Supplies Corporation he met with a road accident and succumbed to injuries on 27.10.2008. Petitioner claims the benefit available under the Group Personal Accident Insurance Scheme to Government Employees and Teachers floated by Ext.P1 G.O.(P) No.221/07/Fin dated 29.5.2007. According to the petitioner, petitioner and her family are entitled to get Rs.7,00,000/on account of the death of her husband. So also it is submitted that, the Scheme came into force on 29.5.2007. However, in spite of earnest efforts no amount is paid to the petitioner and other family members, taking note of the provisions and stipulations contained in Ext.P1 Scheme.
W.P.(C) No.18799 of 2009
2
under clause 6(v) , which reads thus:-
similar lines.
W.P.(C) No.18799 of 2009
3
especially Clause 6(v) it is evident, petitioner is not entitled to get benefit of the scheme, since her husband was on deputation in the Civil Supplies Corporation, which is specifically excluded under the clause noted above unless and until payment is made. Petitioner has no case that, payment was made by her to the scheme, in order to avail the benefit. On the contrary, case of the petitioner is that, no recovery was effected from the salary of her husband towards the contributory scheme. However, the provision quoted above shows, a person on deputation is bound to make contribution separately to the company. Viewed in that circumstances, petitioner's husband is not a beneficiary of the scheme.
Writ petition fails and accordingly, same is dismissed.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/15/11/
2 issues framed by the court
Whether a person on deputation is entitled to benefits under the Group Personal Accident Insurance Scheme without separate payment of premium.
Whether non-depreciation of premium from salary entitles the family to claim benefits under the scheme.
Kunjanamma N.
State of Kerala Represented by The Chief Secretary, Government Secretariat
The Principal Secretary to Finance Department
The Director, Civil Supplies
The Managing Director, Civil Supplies Corporation
The Secretary to Insurance Department, Government of Kerala
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
