Sunita Devi v. State of U.P. and Another

Court No. - 32 Case :- WRIT - C No. - 39912 of 2023 Petitioner :- Sunita Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Bhavisya Sharma Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. The present petition has been filed challenging the order dated 20.06.2022 passed by the Additional District Magistrate, Etawah after approval by the District Magistrate vide order dated 19.6.2022, rejecting the claim of the petitioner under the Mukhya Mantri Krishak Durghatna Kalyan Yojna (hereinafter referred to as 'Scheme') claiming compensation for the death of her husband late Deshraj Singh, who died on 22.8.2021. The impugned document has been annexed as Annexure No. 8 to the writ petition. The application of the petitioner has been rejected on the ground that the application was filed on the 87th day after the death and under the Scheme the claims have to be filed within 45 days and only a delay of 30 days in filing any claim can be condoned by the authorities, i.e., no claim under the Scheme shall be entertained after 75 days. The order dated

20.06.2022 has been challenged in the present petition. In Gautam Yadav Vs. State of U.P. and Ors 2021 (I) ALJ 351, a Division Bench of this Court had directed that the limitation prescribed under the Scheme should be read as to entertain the claims made within three years of the date of the death or within three years from the date of the rejection by the Insurance Company, to be a reasonable period for filing a claim. The relevant observations of the Division Bench of this Court are reproduced as below:- "36. Thus, we set aside the order dated Nil March, 2020 (Annexure-9), whereby the claim of the petitioner has been rejected on the ground of limitation on both grounds as raised and discussed in this Judgment.

¶37We further direct that in place of Limitation Prescribed under the Scheme, it should be read that the claims made within three years of the date of the death or within three years from the date of the rejection, either wholly or partly by the Insurance Company, to be a reasonable period for filing a claim under the 'Mukhyamantri Kisan Avam Sarvahit Bima Scheme' and the similar schemes which were in force prior thereto on behalf of beneficiaries of the Scheme.

¶38As innumerable cases are filed seeking compensation under the schemes across the State, we direct that all the claims filed within a period of three years from the date of the death or within a period of three years from the date of rejection of claim, either partly or wholly by the Insurance Company, should be treated to be filed within limitation and should be processed on their merits.

¶39As we have held that the limitation provided under the said Scheme is unreasonable and arbitrary and have substituted the said period by a period of three years, as recorded above, we direct the Registrar General of this Court to transmit a copy of this order to The Chief Secretary State of Uttar Pradesh and Director Institutional Finance, State of Uttar Pradesh, for its communication to all the District Magistrates in the State and the District Magistrates in turn are directed to entertain and process the claims filed under the Scheme within limitation as prescribed above by this Court treating them to be within limitation and the same should be processed on their merits.

¶40We have directed and provided for the limitation of three years, till the time the State Government takes an appropriate decision and amends limitation clauses of the Scheme to make them more reasonable taking into account the socio economic condition of the society as well the laws of India.

¶41The writ petition is allowed in terms of the said order." In view of the aforesaid, the order dated 19.06.2022 passed by the District Magistrate, Etawah and the order dated

20.6.2022 passed by the Additional District Magistrate, Etawah (annexed as Annexure No. 8 to the writ petition) are hereby quashed. The matter is remitted back to the Collector/District Magistrate, Etawah to decide the claim of the petitioner on merit treating the same to have been filed within limitation, expeditiously and, in any case, by

31.1.2024. In case, the petitioner is found entitled to compensation as claimed by her, the same shall be disbursed to the petitioner within 15 days from the date of the decision of the District Magistrate. The whole exercise shall, in any case, be completed by 15.2.2024. With the aforesaid directions, the writ petition is allowed. Order Date :- 5.12.2023 Anurag/- High Court of Judicature at Allahabad