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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
| Table of Content |
|---|
| 1. welfare scheme provides aid for farmers' accidental deaths. (Para 1 , 2 , 3 , 4 , 5) |
| 2. timely claim delayed by lekhpal's administrative negligence. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. claim rejected for exceeding 20-month limitation period. (Para 13) |
| 4. official negligence confirmed; claimant not at fault. (Para 14 , 15 , 16 , 17 , 18) |
| 5. four-month claim limit; dm condones up to one year. (Para 19 , 20) |
| 6. mechanical order ignores record; scheme for immediate aid. (Para 21 , 22) |
| 7. welfare statutes demand liberal, not technical, interpretation. (Para 23 , 24 , 25) |
| 8. beneficiary not penalized for authorities' delays. (Para 26 , 27) |
| 9. quash rejection; remand for merits-based reconsideration. (Para 28 , 29 , 30) |
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,
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.
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