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2021 Supreme(Jhk) 482

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
Mandakini Devi – Petitioner
Versus
The Union of India through the Development Commissioner (Handicraft), Ministry of Textile, Government of India, West Block, P.O and P.S., District R.K. Puram, New Delhi and ors. – Respondents
L.P.A. No. 742 of 2019, L.P.A. No. 19 of 2020 with I.A. Nos. 4595 of 2020, 812 of 2021 & 813 of 2021
Decided On : 16-08-2021

Advocates:
Advocate Appeared:
For the Writ Petitioner:Mr. Rajendra Prasad, Advocate
For the Res-UOI :Mr. Sunil Kumar, Advocate. (LPA No. 742 of 2019)
For the App-UOI :Ms. Bakshi Vibha, Advocate. (LPA No. 19 of 2020)

Headnote:

Letters Patent Appeal - Clause 10- Financial assistance – Rejection of disbursement of financial assistance in favour of writ petitioner from the month of June, 2009 to November, 2011 on the ground that the application for the said purpose has not been submitted within a period of six months from the date of death of her husband – Held, order passed by the learned Single Judge is without appreciating the factual aspect about applicability of scheme pertaining to financial benefits as also without appreciating that no legal vested right accrued in favour of the writ petitioner is absence of any scheme in this regard and therefore, there cannot be any mandamus without any legal vested right and, as such according to our considered view the order passed by the learned Single Judge cannot be held to be sustainable in the eye of law and suffers from error - Application has been filed beyond the period of six months and, therefore, there cannot be any direction contrary to the provision of law and taking into consideration this aspect of the matter, the learned Single Judge has refused to grant relief so far it relates to the disbursement of the financial assistance for the period June, 2009 to November, 2011 - L.P.A. No. 19 of 2020 stands allowed.- L.P.A. No. 742 of 2019 is dismissed

ORDER :

With consent of the parties, hearing of the matters have been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. Both these intra-court appeals filed under Clause 10 of the Letters Patent since arises out of common order/judgment dated 18.09.2019 passed in W.P. (C) No. 6356 of 2014, whereby and whereunder the learned Single Judge, while disposing of the writ petition, has rejected the prayer of the petitioner for direction upon the respondents-Union of India to grant financial assistance to the writ petitioner from the month of June, 2009 to November, 2011 but allowed the claim of the writ petitioner pertaining to direction upon the respondents to extend financial assistance from March, 2016 to December, 2018, and since involve common questions of facts and law, therefore, with the consent of learned counsel for the respective parties, both the appeals have been heard together and are being disposed of by this common order/judgment.

3. L.P.A. No. 742 of 2019 has been preferred by the writ petitioner, namely, Mandakini Devi, against part of order/judgment dated 18.09.2019 in W.P.(C) No. 6356 of 2014 whereby and whereunder the learned Single Judge has rejected the claim of the petitioner for disbursement of financial assistance in favour of writ petitioner from the month of June, 2009 to November, 2011 on the ground that the application for the said purpose has not been submitted within a period of six months from the date of death of her husband.

4. L.P.A. No. 19 of 2020 has been preferred by the appellants-Union of India through Assistant Director (H), Office of the D.C. (H), MSEC, Ranchi against other part of judgment/order dated 18.09.2019 in W.P.(C) No. 6356 of 2014, whereby and whereunder the learned Single Judge has held the petitioner entitled for financial assistance from March, 2016 till date on the ground that plea of the claim for financial assistance to be paid in favour of writ petitioner has not been disputed by the functionaries of the Union of India.

5. The brief facts of the case, which are required to be enumerated herein for proper adjudication of the lis, are as under:

The husband of the writ petitioner, namely, Kuldeep Narayan Manjarway was getting financial assistance under the Scheme for Master Craftsmen in indigent circumstances from April, 1992 issued under the signature of Deputy Director (Exhibition), Ministry of Textiles, Government of India and continued till May, 2009. Thereafter, the husband of the writ petitioner died on 31.05.2009.

It is the case of the writ petitioner that the financial assistance, which was being disbursed in favour of the deceased husband of the wit petitioner was stopped after death of her husband and as such she submitted an application on 31.12.2010 with all relevant documents before the respondents-authority who recommended the application of the writ petitioner for consideration of grant of financial assistance under the indigent circumstances, but the claim of the writ petitioner was denied so far it relates to her entitlement for financial assistance for the period June, 2009 to November, 2011 on the ground that the petitioner has filed the application beyond the period of six months from the date of death of her husband.

Thereafter, the respondents-authority started to extend the benefit of financial assistance from December, 2011 and paid till February, 2016 and after that stopped making payment from March, 2016, which fact has been brought to the notice of the writ Court by filing an Interlocutory Application being I.A. No. 994 of 2019 and prayer was made by the writ petitioner to direct the respondents to extend the benefit of financial assistance for the period March, 2016 to December, 2018.

The writ petitioner being aggrieved with nonpayment of the financial assistance for the aforesaid periods has filed the writ petition being W.P.(C) No. 6356 of 2014 by invoking writ jurisdiction conferred under Article 22

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