Present: Mr. Shakti Singh Advocate Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153939
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantPresent: Mr. Shakti Singh Advocate
RespondentState of Haryana and Others
Excerpt:
civil writ petition no.9904 of 2013 1 in the high court of punjab & haryana at chandigarh civil writ petition no.9904 of 2013 date of decision : 01.07.2014 smt. santosh devi ......petitioner versus state of haryana and others ........respondents coram: hon'ble ms.justice ritu bahri present: mr.shakti singh, advocate, for mr.s.n.yadav, advocate, for the petitioner. ms.kirti singh, dag, haryana. mr.kewal krishan, advocate, for mr.sanjay mittal, advocate, for respondent no.6. **** ritu bahri , j. the petitioner is seeking a direction to the respondents to release an amount of `1,00,000/- along with interest at the rate of 18% per annum under the rajiv gandhi parivar bima yojna scheme. the government of haryana had introduced an insurance scheme in the year 2006 for providing financial assistance to the families of the deceased, who died in the accident, under the name 'rajiv gandhi parivar bima yonja' (for short 'the scheme').the government has covered all the citizens of the state and a memorandum of prasher ajay 2014.07.03 16:44 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.9904 of 2013 2 understanding (mou) was signed with respondent no.7. the terms & conditions for eligibility of the scheme are mentioned in the letter (annexure p-1).on 04.03.2008, husband of the petitioner namely rakesh son of ram kumar, died in a road accident. in this regard, fir no.66 dated 04.03.208, under sections 279/304-a ipc was registered at police station, kanina, district mahindergarh. on 04.04.2008, necessary application was given to the sub divisional officer (c).siwani- respondent no.4 for releasing the amount as per the aforesaid scheme. upon notice, written statement on behalf of respondent nos.2 to 5 has been filed, wherein it is stated that sh. norang, who was the halqa girdawar, kanina, had misplaced the file of the petitioner and due to this reason, necessary cheque of `1,00,000/- could not be given to the petitioner. subsequently, the petitioner made a fresh application on 17.10.2011, which was rejected being time barred. an appeal against the said order was also dismissed by the dswo on the ground that it was beyond the period of limitation, as the application had to be made within six months from the date of death of the deceased person. learned state counsel has informed the court that during the pendency of this petition, necessary amount has now been released on 18.03.2014. the respondents have admitted that the initial application was made by the petitioner on 04.04.2008, which was in time, but it was misplaced by sh. norang, the then halqa girdawar. the object of the scheme was to give compensation to the families of deceased, who lost prasher ajay their lives in road accidents. 2014.07.03 16:44 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.9904 of 2013 3 in the present case, even though the petitioner had made application in time, but the payment has been released after a period of almost six years.the respondents had misplaced the file of the petitioner and the rejection of the second application on the ground of limitation has defeated the very object of the scheme itself, even though the amount has now been released. accordingly, this petition is disposed of by giving a direction to the respondents to pay a cost of `30,000/- to the petitioner within a period of two months and compliance thereof, be sent to this court. (ritu bahri) 01.07.2014 judge ajp prasher ajay 2014.07.03 16:44 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Civil Writ Petition No.9904 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.9904 of 2013 Date of decision : 01.07.2014 Smt.

Santosh Devi ......Petitioner versus State of Haryana and others ........Respondents CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.Shakti Singh, Advocate, for Mr.S.N.Yadav, Advocate, for the petitioner.

Ms.Kirti Singh, DAG, Haryana.

Mr.Kewal Krishan, Advocate, for Mr.Sanjay Mittal, Advocate, for respondent No.6.

**** RITU BAHRI , J.

The petitioner is seeking a direction to the respondents to release an amount of `1,00,000/- along with interest at the rate of 18% per annum under the Rajiv Gandhi Parivar Bima Yojna Scheme.

The Government of Haryana had introduced an insurance scheme in the year 2006 for providing financial assistance to the families of the deceased, who died in the accident, under the name 'Rajiv Gandhi Parivar Bima Yonja' (for short 'the Scheme').The Government has covered all the citizens of the State and a Memorandum of Prasher Ajay 2014.07.03 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.9904 of 2013 2 Understanding (MOU) was signed with respondent No.7.

The terms & conditions for eligibility of the scheme are mentioned in the letter (Annexure P-1).On 04.03.2008, husband of the petitioner namely Rakesh son of Ram Kumar, died in a road accident.

In this regard, FIR No.66 dated 04.03.208, under Sections 279/304-A IPC was registered at Police Station, Kanina, District Mahindergarh.

On 04.04.2008, necessary application was given to the Sub Divisional Officer (C).Siwani- respondent No.4 for releasing the amount as per the aforesaid Scheme.

Upon notice, written statement on behalf of respondent Nos.2 to 5 has been filed, wherein it is stated that Sh.

Norang, who was the Halqa Girdawar, Kanina, had misplaced the file of the petitioner and due to this reason, necessary cheque of `1,00,000/- could not be given to the petitioner.

Subsequently, the petitioner made a fresh application on 17.10.2011, which was rejected being time barred.

An appeal against the said order was also dismissed by the DSWO on the ground that it was beyond the period of limitation, as the application had to be made within six months from the date of death of the deceased person.

Learned State counsel has informed the Court that during the pendency of this petition, necessary amount has now been released on 18.03.2014.

The respondents have admitted that the initial application was made by the petitioner on 04.04.2008, which was in time, but it was misplaced by Sh.

Norang, the then Halqa Girdawar.

The object of the Scheme was to give compensation to the families of deceased, who lost Prasher Ajay their lives in road accidents.

2014.07.03 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.9904 of 2013 3 In the present case, even though the petitioner had made application in time, but the payment has been released after a period of almost six yeaRs.The respondents had misplaced the file of the petitioner and the rejection of the second application on the ground of limitation has defeated the very object of the Scheme itself, even though the amount has now been released.

Accordingly, this petition is disposed of by giving a direction to the respondents to pay a cost of `30,000/- to the petitioner within a period of two months and compliance thereof, be sent to this Court.

(RITU BAHRI) 01.07.2014 JUDGE ajp Prasher Ajay 2014.07.03 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh