Allahabad High Court
Reeta Singh vs State Of U.P. Thru Prin. Secy. ... on 6 July, 2021
Bench: Devendra Kumar Upadhyaya, Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- MISC. BENCH No. - 13740 of 2021
Petitioner :- Reeta Singh
Respondent :- State Of U.P. Thru Prin. Secy. Revenue & Ors.
Counsel for Petitioner :- Mukesh Singh,Abhay Raj Singh,Satyajeet Singh
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and learned State counsel.
In view of the proposed order, requirement officials of notice to respondent No.3 is hereby dismissed.
It has been submitted by learned counsel for the petitioner that the petitioner's claim under Mukhyamantri Kisan Evam Sarvhit Bima Yojna has been rejected on the ground of limitation and thus the reasoning given while rejecting the claim of the petitioner runs contrary to a Division Bench judgment of this Court rendered in the case of "Gautam Yadav vs. State of Uttar Pradesh and others" reported in 2020 (11) ADJ 321 (Alld.), relevant extracts of which are quoted herein below:-
"34. We have no hesitation in holding that the limitation prescribed under the Scheme is wholly unreasonable and arbitrary and is liable to be struck out as it is well-settled that even while testing the validity of an administrative action, the same can be tested on the touch stone of the Article 14 of the Constitution of India. A ''socio-beneficial' Scheme has to be interpreted in a manner so as to advance the purpose for which the Scheme is formulated and not in a manner so as to defeat the entire purpose of the Scheme.
36. We 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.
37. As 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."
Accordingly, in view of the aforesaid, we direct that the claim of the petitioner be considered by the District Level Committee which is chaired by the District Magistrate afresh in the light of the law laid down by this Court in the case of Gautam Yadav (supra). The said consideration shall be made within a period of two months from the date a fresh application for the said purpose is furnished by the petitioner along with the copy of this order to the District Magistrate.
We further direct that while making the fresh application of claim under this order, the petitioner shall also enclose the copy of the judgment rendered by the Division Bench of this Court in the case of Gautam Yadav (supra).
We also direct that while deciding the claim under this order afresh, the District Magistrate/District Level Committee shall give an opportunity of hearing or making representation to the Insurance Company as well.
With the aforesaid observations and directions, the writ petition is finally disposed of.
Order Date :- 6.7.2021
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