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HIGH COURT OF PATNA
A.K. GANGULY, J.
Smt. Lilawanti Devi - Petitioner
Vs.
The State of Bihar & Ors. - Respondents
C.W.J.C. 6885 of 1997
Decided On : 20.5.1998
Retirement Benefits - Extraordinary Pension - Insurance Claim
Fact of the Case:
The petitioner, widow of a constable who died in an encounter, filed a writ petition seeking direction for payment of retirement benefits and extraordinary pension. The insurance company stated that the policy covering the date of personal accident had expired and no payment could be made after its expiry.
Finding of the Court:
The court directed the State Government authority to finalize the petitioner's claim for payment of extraordinary pension within two months and examine the claim in respect of insurance amount. If the petitioner has been deprived of the insurance claim due to laches on the part of the State Government officers, the authority was ordered to make payment to the petitioner.
Issues: Claim for retirement benefits and extraordinary pension, and insurance claim after the expiry of the policy.
Ratio Decidendi: The court cannot direct the Insurance Company to make payment after the expiry of the policy. The State Government authority must examine the petitioner's claim for insurance amount and make payment if the petitioner has been deprived of the claim due to laches on the part of the State Government officers.
Final Decision: The writ petition was disposed of with directions to the State Government authority to finalize the petitioner's claim for extraordinary pension and examine the insurance claim.
1. Heard learned counsel for the parties.
2. This writ petition has been filed by the petitioner with a prayer for direction upon the Respondents to pay the retirement benefits.
3. It is not in dispute that husband of the petitioner died on 25.3.1993 as a result of sustaining injuries by him in an encounter with the Criminals. The petitioner is the widow of the said constable and is claiming for payment of extraordinary pension.
4. It appears from the counter-affidavit filed by the respondents that the said claim of the petitioner is pending with the Secretary-cum-Commissioner (Home) Police, State of Bihar who is added as Respondent no. 6 to this writ petition.
5. In that view of the matter, the said Respondent is directed to take steps for finalising the petitioner's claim for payment of extraordinary pension within a period of two months from the date of receipt of a copy of this order upon the added respondent.
6. So far as the petitioner's claim for payment by the Insurance Company is concerned, learned counsel for the Insurance company submits before this court that the policy covering the date of personal accident has expired in the year 1994 itself and after expiry of the said policy, no direction can be given for such payment.
7. This court is of view that it cannot direct the Insurance Company to make payment after expiry of the policy.
8. In that view of the matter, this court directs the appropriate Respondents authority of the State Government to examine the claim of the petitioner in respect of insurance amount. The petitioner is directed to make a representation alongwith the relevant records to the respondent no. 6. If respondent no. 6 finds that the petitioner has been deprived of from the insurance claim as a result of laches on the part of the officers of the State Government, he will make order for payment of insurance amount to the petitioner. If such a representation is made as above, Respondent no. 6 will dispose it of within a period of three months from the date of filing of such representation.
8. With this direction this writ petition is disposed of.
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