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HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Gayatri Devi – Appellant
Versus
State Of U P – Respondent
JUDGMENT :
Swarupama Chaturvedi, J.
1. Heard Sri Vimal Kumar, learned counsel for the petitioner and Ms. Shruti Malviya, learned Brief Holder for the State respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking issuance of an appropriate writ, or direction in the nature of certiorari quashing the impugned order dated 25.08.2021 passed by the respondent no. 3, Additional District Magistrate, Kannauj, whereby the claim of the petitioner under the “Mukhyamantri Krishak Durghatna Kalyan Yojana” has been rejected, and further praying for a direction in the nature of mandamus to the respondent no. 2 to take final decision on application of the petitioner dated 07.09.2021 after calling report in re-enquiry.
3. Brief facts of the case are that the husband of the petitioner, namely Late Vikas Gupta, died on 29.08.2020 in a road accident. In relation thereto, an F.I.R. was lodged on 30.08.2020 after the post-mortem of the deceased. Late Vikas Gupta was a poor farmer, and at the time of his death, he left behind his aged father, the petitioner (his widow), and three minor children. It is stated that the grandfather and father of
The rejection of claims under welfare schemes must not be based on narrow interpretations but should consider the substantive relationship between the deceased's activities and their primary source o....
Welfare schemes should be broadly construed to fulfill their objectives; evidence-based decisions are needed, avoiding arbitrary rejections.
In farmer accidental death welfare schemes, claims cannot be barred by limitation if delay results from revenue officials' negligence; benefits demand liberal interpretation and condonation to fulfil....
The court established that procedural requirements should not impede justice when substantial evidence supports a claim.
Compassionate appointments are intended to provide immediate relief to families in financial distress following the death of a government employee, and all relevant factors must be considered in asse....
There is no reason to doubt about the cause of death as panchnama was executed by Sub-Divisional Magistrate who was called by the police authorities.
The court upheld that claims under the Pradhan Mantri Garib Kalyan Package necessitate strict compliance with eligibility and documentation requirements, failure of which results in dismissal.
Point of Law - Since it cannot be disputed that the claimant is entitled to the insured amount, Court decline to offer any interference under Article 226 of the Constitution on a technical ground.
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