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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, GARIMA PRASHAD
Lalsa Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Garima Prashad, J.
1. Heard Mr. Rajendra Pratap Singh, learned counsel for the petitioner and Mr. Pradeepta Kumar Shahi, learned Standing Counsel for the respondents.
2. The present writ petition has been preferred by the petitioner seeking the following relief:-
“A. to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 16/12/2021 passed by respondent No.2 (Annexure-14 to this writ petition).
B. to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to pay the claim of the petitioner under “Mukhya Mantri Kishan Evam Sarvhit Beema Yojana” on the death of the husband of the petitioner.”
3. The State Government formulated a welfare scheme titled “Mukhyamantri Kisan Evam Sarvahit Bima Yojna” to provide financial assistance to the families of farmers in cases of death or permanent disability arising from contingencies specified under the Scheme. The Scheme has been in force for several years and has been revised from time to time through Government Orders, including those dated 10.07.2014, 20.06.2017 and 04.03.2020, which introduced amendments to its implementation and procedural framework.
4. The object
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 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.
A claimant under the Mukhyamantri Krishak Durghatana Kalyan Yojana is entitled to explain delays in claim filing, with courts emphasizing principles of natural justice and reasonable interpretations ....
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.
The revised policy guidelines of 2014 cannot be applied retrospectively to deny relief to the petitioner, and the delay in processing the petitioner's application cannot be attributed to the petition....
The compassionate appointment under the Die-in-Harness Scheme requires strict adherence to age and application timelines, negating claims based on delays beyond stipulated periods.
The duty of the respondent authorities to interpret and apply the die-in-harness scheme correctly, consider compassionate appointments in a timely manner, and obey court orders.
Service Law - Die-in-harness Scheme - Compassionate appointment - Scheme requires authority concerned to educate family of deceased Government servant of his rights under scheme. Instead of perusing ....
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