Smt. Rani Devi vs State Of U.P. And 2 Others
2023 Latest Caselaw 18311 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:145168-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 23512 of 2023
 

 
Petitioner :- Smt. Rani Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shams Uz Zaman,Quasim Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent.

2. The present writ petition has been preferred for quashing the order impugned dated 23.08.2022 passed by the third respondent, whereby, claim of the petitioner for ex gratia payment under the 'Mukhya Mantri Krishak Durghatna Kalyan Yojna' has been rejected.

3. In support of his submission, learned counsel for the petitioner has placed reliance upon the judgment and order 18.5.2023 passed by coordinate Bench in Writ-C No. 16906 of 2023 (Smt. Lakshmi Devi Vs. State of U.P. and 2 Others), wherein, the writ petition was allowed directing the District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of the order. For ready reference, the order dated 18.5.2023 is reproduced herein below.

"1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Undisputedly, the petitioner's husband died in an accident by Rail on 7.05.2021 while crossing the railway line. Her wife submitted an application for ex gratia payment under the 'Mukhya Mantri Krishak Durghatna Kalyan Yojna' dated 2.03.2020.

3. The respondent No.3, i.e. Sub Divisional Magistrate, Sirathu, Kaushambi recommended for the payment of Ex gratia amount of Rs.5 lacs to the petitioner on the ground that the deceased was a farmer and he died in a rail accident on 7.5.2021. However, respondent No.2 without any responsibility, remitted back the matter to the respondent No.3 by order dated 5.08.2021 for submitting fresh report observing that crossing of railway line is a punishable offence under section 147 of the Railway Act, 1989.

4. We find that section 147 of the Railway Act, 1989 has no relevance on the facts of the present case inasmuch as Ex gratia payment under the Mukhya Mantri Krishak Durghatna Kalyan Yojna' is governed by the Scheme dated 28.02.2020 brought by the State Government, which covers death in a rail accident.

5. In view of the aforesaid, the writ petitioner is allowed and the impugned order dated 5.08.2021 passed by respondent No.2/ Additional District Magistrate (F & R), Kaushambi is quashed. The District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of this order."

4. In this backdrop, learned counsel for the petitioner states that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.

5. The above said argument of learned counsel for the petitioner is not being disputed by learned Additional Chief Standing Counsel.

6. The writ petition is accordingly allowed in terms of Smt. Lakshmi Devi (supra). The impugned order dated 23.08.2022 passed by the third respondent is quashed. The District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of this order.

Order Date :- 20.7.2023

A.K.Srivastava