Case Details

Citation(s)
2022 SLG 2361 2022 SLD 2361 2022 PLC 1182
Sindh High Court, Sukkur Bench
Constitution Petitions Nos. D-755 of 2020, D-584, D-672 and D-749 of 2019, decided on 13th October, 2021.
MUHAMMAD, JUNAID GHAFFAR AND ZULFIQAR ALI SANGI, JJ

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KARIM BUX and others

VS

PROVINCE OF SINDH through Secretary to Government of Sindh, Education and Literacy Department and others

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Civil Servants Welfare Fund Ordinance (VIII of 1979)--- ----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 individuals 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…
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