Allowed

Praveena J., v. Assistant Executive Engineer

Kerala HC19 Feb 2020WP(C)/468/2020

Case brief

AI extract

What is this about?

Held the writ petitioner's claim for group insurance under the Government of Kerala Group Insurance Scheme. Directed the Insurance Director to consider the claim with specific circumstances regarding non-deduction of premium and pass orders within one month.

What did the court decide?

Directing the 6th respondent to consider the application regarding the insurance claim under the Group Insurance Scheme noting the non-deduction of premium and pass orders within one month of the judg

Praveena J., Vs Assistant Executive Engineer — Insurance | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

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WP(C).No.468 OF 2020(G)

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PETITIONER:

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PRAVEENA J., AGED 44 YEARS, W/O. LATE AJIT KUMAR T., RESIDING AT KRISHNAPADAM, NEAR SURVEY SCHOOL, AMBALAMUKKU, PEROORKADA P.O. THIRUVANANTHAPURAM - 695 005.

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BY ADVS. SRI. A. JANI(KOLLAM) SMT. NISA FASIL(KOLLAM) SRI. SAJU WAHAB SMT. N. RAJI

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RESPONDENTS:

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1 ASSISTANT EXECUTIVE ENGINEER,, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION (MECHANICAL), MECHANICAL SUB DIVISION, THENMALA, KOLLAM, PIN - 691 308.

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2 EXECUTIVE ENGINEER, IRRIGATION, MECHANICAL DIVISION, CIVIL STATION, ALAPPUZHA, PIN - 688 012.

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3 CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 655 001.

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4 CHIEF ENGINEER, IRRIGATION MECHANICAL DIVISION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 655 001.

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5 ADDITIONAL CHIEF SECRETARY(FINANCE), FINANCE (GROUP INSURANCE SCHEME), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 655 001.

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6 INSURANCE DIRECTOR, INSURANCE DIRECTORATE, TRANS HOUSE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.

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WP(C).No.468 OF 2020(G)

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7 THE GOVERNMENT OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 655 001.

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SHRI. C.M. SURESH BABU, SPL. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.468 OF 2020(G)

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JUDGMENT

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Dated this the 19th day of February 2020

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This writ is filed seeking the following prayer:

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“a. To call for records leading to Exhibit P2 and P3 and to issue a writ of mandamus or such other writ, order or direction directing the respondents to take appropriate actions in the application dated 29.01.2019 submitted by writ petitioner claiming insurance amount as per the Group Insurance Scheme for government employees specified in Exhibit P2 and P3 and to direct them to disburse the insurance amount within a time limit to be specified by this Honourable Court.”

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Heard the learned Counsel for the petitioner and the

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learned Special Government Pleader appearing for the Finance Department.

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It is submitted by the learned Counsel for the petitioner that, the petitioner is the wife of Ajit Kumar who died on 08.03.2017 and that the claim for group insurance amounts under dispute has not been decided by the respondents as yet.

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The learned Government Pleader submits that Ext.P3

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has been forwarded to the 6^th respondent and a decision of the 6^th

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WP(C).No.468 OF 2020(G)

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respondent is awaited in the matter. In the above view of the matter there will be a direction to the 6^th respondent to take up, consider and pass appropriate orders on Ext.P3, taking note of the specific circumstances, in which the premium had not been deducted from the salary of the petitioner's husband. Appropriate decision shall be taken, taking note of the facts of the case, within one month from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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SPR

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WP(C).No.468 OF 2020(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF COMMUNICATION OF FIRST RESPONDENT TO WRIT PETITIONER.

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EXHIBIT P2 TRUE COPY OF LETTER ISSUED BY 5TH RESPONDENT TO FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF LETTER OF COMMUNICATION FROM FIFTH RESPONDENT TO SIXTH RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL.

Praveena J., v. Assistant Executive Engineer

Case brief

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Praveena J., v. Assistant Executive Engineer

Case brief

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