MUHAMMAD SAJID MEHMOOD SETHI, J.----Through instant petition, petitioners are seeking direction for respondents to pay the sums out of the Insurance Fund to petitioners in view of Section 17(5) of the Federal Employees Benevolent Fund and Group Insurance Act, 1969 ("the Act of 1969").
2. Learned counsel for petitioners submits that petitioners, during their service, contributed towards Group Insurance and sums were credited to the' Federal Employees Insurance Fund but same are not being paid to petitioners without any lawful justification. He adds that employees of Government of Balochistan have been given the amounts in respect of Group Insurance at the time of their retirement but employees of the Federal Government are being subjected to discrimination. He further submits that issue regarding payment of group insurance at the time of retirement has already been settled by Hon'ble Peshawar High Court, Peshawar vide judgment dated 03.11.2016 passed in W. P.No.1355-P/2013 titled Fida Muhammad Ditrrani and others v. The Government of Khyber Pakhtunkhwa through The Chief Secretary Khyber Pakhtunkhwa Civil Secretariat, Peshawar and others, which was upheld by Hon'ble apex Court vide order dated 15.02.2018, passed in Civil Petition No.1 1-P of 2017 and revision petition was also dismissed vide order dated 17.04.2018.
3. Conversely , learned Assistant Attorney General submits that group insurance is designed to provide monetary benefits to the family of the deceased employee, provided during his service period he also contributed in this respect. He adds that group insurance is a grant / compensation accrues after the death of an employee and is not a part of 'TARKA', thus, denial of petitioner's claim is in accordance with law. He contends that benefit granted to employees of Provincial Government cannot be awarded to employees of Federal Government. He has referred to Tanveer Musharraf and another v. Government of Khyber Pakhtunkhwa through Chief Secretary , Civil Secretariat, Peshawar and others (2019 SCMR 616), Erum v. Mst. Ameena and 5 others (PLD 2015 Sindh 360), Mst Razia Ameer v. State Life Insurance Corporation of Pakistan through Chairman and 2 others (2018 CLD 289) and Shabaz Wali Khan and others v. Government of Pakistan, Establishment Division Regional Board Federal Employees [2019 PLC (C. S.) 1467].
4. Arguments heard. Available record perused.
5. Petitioners are the retired employees of different departments of Federal Government and their stance is that as valuable amounts have been deducted from their salaries during their service, thus, they are entitled to get insured amounts after their retirement as being given to the employees of Government a Balochistan under Section 14(1) of the Balochistan Provincial Employees Group Insurance Act, 2009 ("the Act of 2009") and in the light of Section 17(5) of the Ordinance of 1969. Needless to observe here that group insurance is intended to extend monetary benefits to the family of a deceased employee, provided the employee contributed in this head during his service. It is a kind of grant / compensation, which accrues after the death of an employee, therefore, it has been excluded from inheritable benefits and is not a Tarka. Reference can be made to the case of Mst. Razia Ameer and Shabaz Wali Khan supra. Furthermore, As per Section 15 of the Act of 1969, family of the employee, who dies during service, has been held entitled to receive insurance amount. The said provision of law is reproduced hereunder:- "15. Insurance of Employees .---Subject to the provisions of this Act and the rules, in the event of the death of an employee, occurring by whatsoever cause, during the continuance of his employment, the Board shall pay to the family of the deceased employee a sum as may be prescribed."
It is evident from the above that only family of a deceased employee is entitled to receive insurance sums and petitioners have not cited any law which entitles them for insurance sums after retirement and during their lifetime.
The case law, relied upon by petitioners, is on distinguishable facts, as employees of Khyber Pakhtunkhwa were granted benefit on the strength, of Khyber Pakhtunkhwa Civil Servants Retirement Benefits and Death Compensation Act, 2014. along with Khyber Pakhtunkhwa Civil Servants Retirement Benefits and Death Compensation (Amendment) Act No.V of 2016, however; no such law is existing for the employees of Federal Government, hence, their claim to IB this extent, being untenable, is dismissed .
6. So far as prayer to the extent of award of sums as per Section 17(5) of the Ordinance of 1969, the provisions of Sections 17(1) and 17(5) are reproduced hereunder:- "17. Federal Employees Insurance Fund.-- (1) There shall be established a fund to be called the Federal Employees Insurance Fund which shall vest in and be held and administered by the Board.
(2)..........
(3) ..........
(4) ..........
(5) Any sums remaining in the Insurance Fund after defraying the expenses referred to in subsection (4) may be utilized for such purposes connected with the benefit of the employees including retired employees, and their families as the Board may direct."
It is evident from the above that amoun ts received in the Insurance Fund are to be utilized for the benefits of employees including retired employees and their families on the directions of the Board. In these circumstances, the matter to this extent is referred to the Board to look into grievance of petitioners individually and redress the same strictly in accordance with law, after hearing petitioners and all concerned, preferably within a period of thirty days from the date of receipt of certified copy of this order .
7. With the above observations and direction, instant petition stands disposed of accordingly .