UNION OF INDIA THROUGH CHIEF POSTMASTER GENERAL vs ANAND SWAROOP BHATNAGAR

THIS appeal has been filed by Union of India, through Chief Post Master General, U.P. Circle, Lucknow. The sole contesting opposite party is Sri Anand Swaroop Bhatnagar, complainant. The judgment and order dated 21.6.1993 passed in Complaint Case No. 68/1992 is the subject matter of challenge in this appeal. By the aforesaid judgment, the District Forum, Lucknow has directed that the premium deducted from the salary of the complainant for the months of December, 1990 and January, 1991 regarding his Postal Insurance Policy Nos. 439959-P, 504173-P, 527671-B and 536501-P amounting to Rs. 35.50, Rs. 52.50, Rs. 71.00 and Rs. 111.10 respectively be added towards the surrender value. It further directed that bonus @ Rs. 70/- per thousand be added and a sum of Rs. 2,000/- was directed to be paid as compensation and whatever be surrender value calculated as per the directions above be paid with 13% interest with effect from 1.3.1991 till the date of the payment. It further directed that the premium paid for the month of March, 1991 be refunded to the complainant. Aggrieved, the Chief Post Master General has come in appeal.

MR. Yogesh Kesharwani, Counsel for the appellant and MR. D.P. Mishra, learned Counsel for the complainant have been heard. In addition, Sri Anand Swaroop Bhatnagar, complainant was also heard in person. Since the facts are not in dispute, full details are not necessarily to be incorporated. Suffice it to say that the aforesaid four postal insurance policies came to be surrendered by the complainant in the month of February, 1991 and he claimed the surrender value on all the four policies. According to the complainant, the value calculated was ignoring the payments made by the complainant through the monthly deductions from his salary for the months of December 1990, January 1991, and February 1991, therefore, he did not accept the surrender value as calculated and attempted to be paid. He further claimed Rs. 70/- bonus per thousand for the year ending March, 1991.

It was seriously contended by Mr. Yogesh Kesharwani that the District Forum committed a partial error in the judgment. He proceeds to say that bonus @ Rs. 70/- per thousand for the year ending 31st March, 1991 could be paid only if the premium was paid by the complainant till before that date. Admittedly the surrender of the policy was made by the complainant in February, 1991. Once this is so, he has disentitled himself to the bonus payable on 31st March, 1991. To that extent, therefore, Mr. Kesharwani is right.

THE other aspects sought to be argued by the complainant''s Counsel and the complainant himself relates to the allegation that since deduction from his salary was made in March, 1991 also, he should be treated to be entitled as to the bonus for the year ending 31st March, 1991. THE argument suffers from a great fallacy. Once the surrender had taken place in February, 1991, a clerical mistake of deduction of premium from the salary for March will no more entitle the said deduction to be called a payment of premium towards that policy which already stood admittedly surrendered. THErefore, the complainant will be entitled to the bonus whichever is due to him only upto the premium deposited by him by deductions till January, 1991. In view of the aforesaid discussion, the appeal succeeds in part. The calculation of the surrender value shall now be made as per the factual position determined above. The payment shall be made within one month from today. The parties will bear their own costs in this appeal. Let copy of this order be made available to the parties. Appeal partly allowed.