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Neutral Citation No. - 2025:AHC:60025 Court No. - 4 Case :- WRIT - A No. - 2850 of 2025 Petitioner :- Smt Amita Respondent :- The Union Of India And 10 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Madhaw Pandey Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,Anurag Sharma,C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Vinod Mishra, learned Advocate holding brief of Ms. Atipriya Gautam, learned counsel for the petitioner, Sri Anadi Krishna Narayan, learned counsel appearing for the respondent- bank and Sri Anurag Sharma, learned counsel for the respondent No.- 1 By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to provide Rs. 20 lakhs towards the complementary insurance to which her husband is entitled in view of the letter issued by the Director General, Police Headquarters dated 25th March, 2025. According to the learned counsel for the petitioner, since complementary life insurance cover was Rs.20 lakhs and the circular letter issued does not refer to any pre-condition for claim to be allowed for Rs.20 lakhs, respondents were hide bound in law to give payment of remaining amount of Rs.10 lakhs as the petitioner has been paid only Rs.10 lakhs upon the death of her husband on 22nd September, 2023. Sri Anadi Krishna Narayan, learned counsel for the respondent – bank, on the contrary submits that bank had provided some complementary benefit insurance to the employees for raising memorandum of understanding to the police department with certain conditions which were enumerated in the heading "Terms And Conditions" as appended No.- 1 to the Memorandum of Understanding (MOU). According to him, complementary insurance was payable in the four different stages for different amount. For instance life insurance cover of Rs.5 lakhs was to be provided when the number of salary accounts opened reached the threshold of 5,000 accounts and 1st salary was credited in these accounts; life insurance cover of Rs. 10 lakhs was to be provided
when the number of salary accounts opened reached the threshold of 75,000 accounts and 1st salary was credited in these accounts including the 5000 accounts opened in the first phase.
Life insurance cover of Rs.15 lakhs was to be provided when the number of salary accounts opened reached the threshold of 1,50,000 accounts and 1st salary was credited in these accounts including the 75,000 accounts opened in the earlier phase and life insurance cover of Rs.20 lakhs was to be provided when the number of salary accounts opened reached the threshold of 2,00,000 accounts and 1st salary was credited in these accounts including the 1,50,000 accounts opened in the earlier phase. Sri Anandi Krishna Narayan, learned counsel for the respondent – bank further submits that as per the instructions obtained by him on the date of death of husband of the petitioner total number of accounts opened were 1,79,144 only and salary was credited into 1,22,328 accounts so the threshold of 2 lakhs having not been achieved as per the terms and conditions of the MOU, petitioner could not be paid maximum amount of Rs.20 lakhs towards complementary insurance coverage, however he admits that petitioner has received Rs.10 lakhs only whereas petitioner would be entitled Rs.15 lakhs. In view of the above, this petition stands disposed of with a direction to the respondent – bank to clear remaining amount Rs.5 lakhs to be paid to the petitioner as per the memorandum of understanding within a period of two months from the date of production of certified copy of this order. It is provided that if the amount is not paid to the petitioner within the time as prescribed herein above, respondent – bank is liable to pay interest at the rate of 6% over and above the said amount for the delayed payment from the date it originally became due till the actual payment is made. Order Date :- 22.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad