HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

Reserved on 12.04.2022

Pronounced on 22.04.2022

WP(C) No. 2239/2021(O&M)

Bashir Ahmed and others

…..Appellant(s)/Petitioner(s)

Through: Mr. Narinder K. Attri, Advocate

Vs

Union Territory of J&K and others

.…. Respondent(s)

Through: Mr. Raman Sharma, AAG

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

1.

With the consent of learned counsel for both the sides, the present petition

is taken up for final disposal.

2.

This writ petition has been filed by the petitioners for commanding the

respondents to pay a sum of Rs. 10,000,00/- as sum assured on account of

accidental death of Nawaz Ahmad son of petitioner No. 1 and 2, husband

of petitioner No. 3 and father of petitioner Nos. 4 to 9, who was serving as

Patwari in Patwar Halqa Jhathgali with additional charge of Patwar Halqa

Chakka of Tehsil Rajgarh, District Ramban.

3.

It is stated that the deceased was working as Patwari in Patwar Halqa

Jhathgali and on 12.07.2020 during the active employment of

respondents, the said Nawaz Ahmed suffered an accidental fall due to slip

on hilly terrain as a result of which, he fell into the deep gorge from a

steep height, while he was returning from Morha Thatha after conducting

demarcation. The said Nawaz Ahmed succumbed to his injuries on

13.07.2020. It is stated that vide Government order No. 476-FD of 2019

2 WP(C) No. 2239/2021

dated 02.12.2019, the Government has accorded the sanction to the

implementation of the Group Personnel Accidental Insurance Policy for a

period of 3 years commencing from 02.12.2019 covering all the

employees of the J&K Government gazetted and non gazetted for the sum

assured of Rs. 10 lacs per employee against the payment of the yearly

premium of Rs. 346/-. In terms of above mentioned order, the

Government had already paid the premium of Rs. 12,10,09,000/- at the

rate of Rs. 345.74/- per employee to the Oriental Insurance Company

Limited. The order dated 02.12.2019 (supra) has been implemented w.e.f.

09.12.2019 in terms of Circular No. 04-FD of 2019 dated 09.12.2019.

4.

The petitioners claim to have filed the representation in the office of the

respondent No. 6 for the release of insurance amount of Rs. 10 lacs to be

paid by the Government as an insurance amount on the death of

employee. The respondent No. 6 vide communication dated 30.09.2020

intimated the respondent No. 4 about the accidental death of Nawaz

Ahmed, Patwari. Along with the said communication, the FIR/Police

Report, Death Certificate, Post Mortem report and Nomination Form was

also forwarded to the respondent No. 4. It is further stated that a perusal of

the communication reveals that the Disbursing and Drawing Officer

(DDO) of the deceased employee has not remitted/deposited the premium

of Rs. 346/- against proper Head of the Accounts in the District Treasury,

Ramban through challan for which the last date fixed was 15.01.2020 in

terms of Circular dated 09.12.2019 (supra) despite being under obligation

to do the same on compulsorily basis. It is further stated that keeping in

view the Finance Department Circular No. FD-VII-Gen(110)2009-10-11

dated 29.04.2020 and budget availability, salary of the deceased official

3 WP(C) No. 2239/2021

for the months of December, 2019, January/February, 2020 and

July(12days), 2020 has been drawn and disbursed in the month of

September, 2020, as such, the Government could have deducted the

premium of the insurance from the salary of the deceased as the

employee/deceased stood already insured. It is submitted that despite

representation dated 11.08.2020 till date