KARIM BUX vs PROVINCE OF SINDH through Secretary to Government of Sindh, Education and Literacy Department S

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KARIM BUX VS PROVINCE OF SINDH through Secretary to Government of Sindh, Education and Literacy Department S.8(1)(a)---Sindh Civil Servants Welfare Fund Rules, 1980, R.10---Constitution of Pakistan, Art.199---Constitutional petition---Group insurance---Refund of premium---Petitioners were civil servants who sought repay/refund of amount of insurance premium contributed by them towards Group Insurance, during their employment with Provincial Government---Validity---Group Life Insurance is a type of life insurance in which a single contract covers an entire group of people---Policy owner is employer and not the individual employee, whereas, policy issued in the name of employer covers employees or members of the group---Advantages of Group Insurance policy include customized plans with lower premiums---As compared to an individual life insurance policy, contribution in a Group Insurance is bare minimum, which is the sole advantage of entering into such arrangement---Group Insurance gives coverage and protection and at the same time costs much less---Employee has little, or no control over his individual coverage and in most cases coverage does not continue or follow the employee if he leaves his job---Such insurance is seldom transferred in the same manner to a new organization---Unlike individual polices, premiums of which are relatable to an individual's age and health issues as well, in Group Insurance, healthier individuals also pay the same premiums as those who are considered to be at a higher risk within the Group Policy---In case of death of an insured employee, his death claim is paid to the Employer for onward payment to the nominee of the insured---In such case a Master Policy is signed by the Employer with the Insurance Company and there is no direct connection between the employee and the Insurance Company---No Life Group Insurance, in the entire insurance business has any concept of its maturity; payment of any bonus; surrender value; payment of benefits at or after retirement---Group Insurance has only one beneficial condition and i.e. it matures upon death of employee, either before retirement; or during the agreed period after retirement, which is 65 years of age or 5 years after retirement---Employer selects and purchases the policy---Premium is (may be through contribution) paid by the employer to insurance company, such concept is a worldwide accepted concept, and has been arrived at by the Insurance Companies as an incentive for individuals who are not in a position to pay individual insurance premiums for such coverage---Group Insurance is relatively inexpensive as compared to individual life insurance and participation is always high---Group Insurance cannot be compared with fixed term insurance, which in addition to coverage of death, also matures after a fixed period, resulting in return of investment in many ways including bonus; encashment prior to maturity and so on---High Court declined to exercise any discretion in favour of petitioners as they failed to make a case for indulgence as law was very clear on the subject, whereas, such law by itself was not under challenge---Constitutional petition was dismissed, in circumstances.

KARIM BUX vs PROVINCE OF SINDH through Secretary to Government of Sindh, Education and Literacy Department S — 2022 PLC(CS) 1182 KARACHI-HIGH-COURT-SINDH

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