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Court No. - 38

Case :- WRIT - A No. - 2974 of 2019

Petitioner :- Smt. Surajmukhi

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Raj Narayan

Counsel for Respondent :- C.S.C.

Hon'ble Ashwani Kumar Mishra,J.

1. Petitioner is a widow of deceased police constable Veeri Singh

who was killed in a mob attack while he was posted at Aligarh.

She has approached this Court with the grievance that though

a declaration was made that she would be paid a sum of Rs. 3

Lakhs out of Chief Minister Relief Fund, but such amount has

not been paid till date to her. The murder of petitioner's

husband was done on 23^rd May, 2001 and a First Information

Report has also been lodged in that regard. It is after eighteen

years that petitioner has approached this Court with the

grievance, noticed above.

2. In support of the petitioner's plea that a sum of Rs. 3 Lakhs

would be paid as monetary compensation out of Chief Minister

Relief Fund a letter of Senior Superintendent of Police, Aligarh,

dated 22^nd June, 2002 is relied upon. This letter is addressed

to writ petitioner, which contains recital of fact that a proposal

has been sent on 7.6.2001 for release of extraordinary pension

to her and that a proposal has already been sent on 2^nd

August, 2001 to release a sum of Rs. 3 Lakhs out of Chief

Minister Relief Fund. This is the only material relied upon by

the petitioner for enforcing her claim to seek such amount.

3. The writ petition was entertained and the Finance Controller

was directed to file his personal affidavit clarifying the facts in

that regard. An affidavit has been filed by Finance Controller

stating that extraordinary pension has already been sanctioned

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to the petitioner and she is receiving such amount

continuously. It is also stated that a sum of Rs. 30,000/- has

been released at the level of Police Headquarter. In paragraph

7 it is further submitted that no proposal for release of Rs. 3

Lakhs, towards compensation, out of Chief Minister Distress

Relief Fund has actually been received by the Police

Headquarter. A copy of the alleged letter of SSP Aligarh, dated

2^nd August, 2001 has been annexed, which does not refer to

any proposal being sent by the SSP, Aligarh, for sanction of

monetary fund amounting to Rs. 3 Lakhs from the Chief

Minister Relief Fund.

4.

Having examined the respective contentions advanced on

behalf of the parties, the short question that arises for

consideration is, as to whether, petitioner has acquired any

right to be paid a sum of Rs. 3 Lakhs out of Chief Minister

Relief Fund, on account of the communication received by the

petitioner from the SSP, Aligarh. The communication of the

SSP, Aligarh, sent to the petitioner, dated 22^nd June, 2002

although refers to a proposal being sent for release of Rs. 3

Lakhs out of Chief Minister Relief Fund, but a perusal of the

letter dated 2.8.2001, does not demonstrate that any such

proposal was ever sent. Release of payment, out of Chief

Minister Relief Fund is otherwise regulated by the provisions of

the U.P. Chief Minister Discretionary Relief Fund Rules, 1999

which has been notified on 8^th October, 1999. Rule 3¼3½¼³½ of

the Rules of 1999 provides that in case of exceptional

circumstances, if death is occasioned, then a sum of Rs.

20,000/- would be payable to the family of the working

member. Rule 3¼3½¼³½ of the Rules of 1999, is reproduced

hereinafter:-

^^t?kU; gR;kvksa@vijk/kksa@nq?kZVukvksa esa fu/kZu :i;s 20]000 ls vuf/kd

ifjokj ds dekÅ lnL; dh e`R;q ij ihfM+r

ifjokj dks]^^

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5.

Although the rules do contemplate power/jurisdiction to grant

higher amount towards compensation, but such payment is

left to the discretion of the Chief Minister concerned. In the

facts of the present case, there is no order/direction of the

Chief Minister sanctioning a sum of Rs. 3 Lakhs to the

petitioner. The rules,