Allahabad High Court
Raj Singh And Another vs State Of U.P. And 6 Others on 10 September, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:160221
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 9896 of 2025
Raj Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Man Bahadur Singh
Counsel for Respondent(s)
:
C.S.C., Shruti Malviya, Siddharth Singhal, Yatindra
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard Mr. Man Bahadur Singh, learned counsel for the petitioners, Mr. Lal Mani, learned Standing Counsel for the State-respondent, Mr. Yatindra, learned counsel for the respondent nos.2 to 5 and Ms. Shikha Srivastava, learned counsel for the respondent nos.6&7 and perused the records.
2. The present writ petition has been filed inter-alia for the following reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned rejection dated 10.06.2025 as endorsed by the respondent no. 7 - Life Insurance Corporation of India Limited on the face of the covering letter dated 31.01.2025, whereby the Group Insurance Claim of the petitioners in respect of deceased Smt. Poonam (Assistant Teacher, Primary School Cadre) has been arbitrarily rejected on the pretext of "Claim Not Payable", without assigning any reason or passing a formal speaking order;
II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 7 - Life Insurance Corporation of India Limited to process and release the admissible amount of Group Insurance Claim in favour of the petitioners in respect of deceased Smt. Poonam (who died in harness on 01.04.2019), along with interest as may be deemed just and proper in the facts and circumstances of the case;
III. To Issue, writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IV. To Award cost of the petition to the petitioner."
3. Placing the brief facts of the case, learned counsel for the petitioners submits that the wife of petitioner no.1 and mother of petitioner no. 2, namely, Smt. Poonam, was appointed as an Assistant Teacher in a Primary School on 09.09.2016. She was transferred from District Lakhimpur Khiri to District Bulandshahar by an order dated 13.06.2018 passed by respondent no.2. As the salary of Smt. Poonam was withheld, she filed Writ-A No. 24380 of 2018 (Smt. Poonam vs. State of U.P. and others). During the pendency of the aforesaid writ petition, Smt. Poonam passed away, and the petitioners were substituted in her place. The writ petition was disposed of by order dated 26.02.2024, with a direction that the amount of salary payable to the original petitioner, Smt. Poonam, for the specified period, shall be paid to Petitioner No. 2, Aditya Raj, and shall be deposited in a Fixed Deposit (FD) Account, to be released to him when he attains the age of majority, after due verification. All other benefits be also settled.
4. In compliance with the aforesaid order, the petitioner submitted a representation claiming the salary as well as other benefits as directed by the order dated 26.02.2024. The aforesaid representation was rejected by the impugned order dated 10.06.2025, whereby the petitioner's claim for Group Insurance Scheme was denied on the ground that the claim is not payable, without assigning any valid reason.
5. He further submits that deductions were made towards Group Insurance Scheme from 01.12.2016 to 30.06.2017, totaling Rs. 609/-. However, the impugned order has been passed without considering the fact that the petitioner is entitled to the benefits of the scheme for the payment of that claim. Deductions were made accordingly, but the impugned order has been passed without taking this into account or providing any reasoning.
6. On the other hand, learned counsel for Respondent Nos. 4 & 5 submits that, in order to provide insurance coverage to the teaching and non-teaching staff of the Board, an agreement was entered into between the State Government and the Life Insurance Corporation (LIC) on 28.10.1977. Under this agreement, the premium for the policy was determined as per Group Insurance Policy No. 4521, which specifically covers the teachers and employees of the Board, as outlined in the agreement dated 28.10.1977. In accordance with the terms of the agreement, a letter dated 21.07.2011 was issued by the Director of Education (Basic) / Chairman of the Board, which fixed the monthly premium of Rs. 87/- (Eighty-Seven Rupees only) for the teachers of the Board. Additionally, in a letter dated 28.11.2018, issued by LIC and addressed to the Finance Controller (Basic Education), Basic Shiksha Parishad, U.P. Allahabad (Prayagraj), it was formally communicated that Group Insurance Policy No. 4521 would be closed with effect from 31.03.2014 in respect of the teachers and employees of the Board.
7. Thereafter, a letter dated 24/08/2022 was issued by the Secretary of the Board, after the approval of the Director of Basic Education/competent authority, to the Finance Controller, directing that the deduction towards the insurance premium from the salary of teachers and employees of the Board be stopped after 31/03/2014. Consequently, the deduction of the premium towards the LIC was halted with effect from 09/01/2022 for all the teachers and employees of the Board across the entire State.
8. He further submits that the year-wise details of the premium deductions from the salaries of the teachers and employees of the Board in various districts have been compiled. In this regard, the Finance Controller, under its letter dated 27/06/2025, submitted a proposal to the State Government for the return of the aforementioned deducted premium amount of the teaching and non-teaching staff of the Board.
9. He further submits that the proposal sent under the letter dated 27/06/2025 for the return of the deducted premium amount under Group Insurance Policy No. 4521 is currently under consideration and process. The amount will be refunded to the concerned teachers and non-teaching staff of the Board, immediately after the proposal is accepted and approved by the State Government. Accordingly, the sum of Rs. 609/- (Six Hundred and Nine Rupees only) will also be refunded to the legal heirs of the deceased teacher, Smt. Poonam.
10. Upon careful examination of the records, it is abundantly clear that the petitioners are not entitled to any death claim under Group Insurance Policy No. 4521. The deceased, Smt. Poonam, was appointed as an Assistant Teacher in 2016, while the said policy had been closed by the Life Insurance Corporation (LIC) in 2014, well before the petitioner's appointment. Even assuming that deductions were made post-closure, as the communications regarding the closure of the policy were received by the respondents only in 2018, such deductions do not confer entitlement to the benefits of the scheme. It is well settled that the eligibility for benefits under an insurance scheme is governed by the policy's terms and the period during which the policy was operational.
11. In view of the above, it is evident that the Group Insurance Policy No. 4521 had ceased to exist prior to Smt. Poonam's appointment, however, the deductions made from her salary shall be refunded. Therefore, no legal right or entitlement to the death benefits under the policy can arise in favor of the petitioners. Consequently, the petitioners' claim for the death benefits is untenable and must be rejected.
12. The respondents are prepared to refund the amount of Rs. 609/- (Six Hundred and Nine Rupees only) that was deducted from Smt. Poonam's salary during the period when the policy was active. The respondents acknowledge that these deductions were made while the policy was in force, and as such, the amount will be refunded to the legal heirs of the deceased teacher.
13. With the aforesaid observations/directions, the present writ petition is dismissed.
14. Needless to say, it is open to the petitioner to file a representation before the State Government regarding the refund of the aforesaid amount.
(Mrs. Manju Rani Chauhan,J.) September 10, 2025 Jitendra/-