Telangana High Court

Smt. Dunna Muttamma vs The State Of Telangana on 25 June, 2024

           HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                   WRIT PETITION No.2591 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed by the petitioner, seeking the following relief:

"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 5 in non-considering representation/application of the petitioner and non- initiating to release Rythu Bheema to the petitioner on the death of husband of the petitioner by name, Dunna Pedda Venkataiah, S/o.Sayanna, who died on 15-09-2023 by having Rythu Bandhu insurance No.1990338 dated 14-08-2018 and master policy No.504504504, basing on the death of husband of the petitioner, is illegal, arbitrary and violative of Articles, 14, 15 and 21 of Constitution of India and also violative of natural justice and consequently to direct respondent Nos.3 to 5 to pay Rythu Bheema scheme amount to the petitioner on the death of petitioner's husband, and do the needful justice to the Petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case...."

2. The petitioner claims to be nominee of the policy holder-Late

Sri Dunna Pedda Venkataiah, who was enrolled in Rythu Bima

Scheme for the Policy Year 2018-19 vide LIC ID No.1990338 dated

14.08.2018 under Master Policy No.504504504 and the same was

renewed for the Policy Years 2018-19 and 2020-21. The State

Government with a laudable object to give guarantee to the poor

and marginal farmers for their livelihood, has introduced "Farmers

Group Life Insurance Scheme" (Rythu Bima) in addition to other

incentive schemes. The Rythu Bima Scheme is implemented basing

on the farmers-wise online agricultural land database through

Information Technology and Online Portals that are being used by

all the outreach officers for effective and efficient implementation.

The main objective of Rythu Bima scheme is to ensure financial

security and relief to the bereaved family members of the deceased

farmer, who is in the age group between 18 and 59 years and

eligible for enrollment under the Scheme. The age of the farmers

would be determined basing on the particulars furnished in

Aadhaar Card. The entire premium is paid by the Government to

the Life Insurance Corporation (LIC) and in the event of death of the

enrolled farmer/ insured, due to any cause, the insured amount of

Rs.5,00,000/- would be deposited in the nominee's account. The

uniqueness of the Scheme is that nominee is not required to

approach the Insurance Company for settlement of the claim but

the Officers of the Village level would collect data from the Revenue

Department in the event of loss of life of any farmer/insured and

forward the same to the Insurance Company for onward

transmission of the claim amount. It is the case of the petitioner

that her husband, who was enrolled under the Rythu Bima Scheme,

expired on 15.09.2023 and enclosing the death certificate of her

deceased-husband and also Aadhaar card in proof of date of birth of

her husband as 11.09.1961, the petitioner requested the

respondents to release the claim amount of Rs.5,00,000/-. The

grievance of the petitioner is that even though her husband is

entitled for claim amount under Rythu Bima Policy, the respondents

have not renewed the Rythu Bima Policy and not releasing the claim

amount, stating that her husband has crossed the age limit

prescribed in G.O.Ms.No.63 Agriculture and Cooperation (Agri.II)

Department dated 19.06.2018.

3. The Respondents filed counter affidavits inter alia stating that

vide G.O.Ms.No.63 Agriculture and Cooperation (Agr.II) Department

dated 19.06.2018, the Government has introduced the Rythu Bima

Scheme to provide financial relief and security to the family

members/dependants of the deceased farmer (pattadar) in case of

his/her death. It is stated that the list of farmers who are eligible to

be enrolled as members of the Rythu Bima scheme will be sent to

LIC every year and the said Scheme is governed as per the Terms

and Conditions of the Memorandum of Understanding entered

between the State Government and the LIC. The husband of the

petitioner was enrolled under the Scheme vide ID No.1990338 for

the policy year 2018-2019 (14.08.2018 to 13.08.2019) on the basis

of particulars recorded in Aadhaar No.566603820628 and the

entries made in pattedar passbook No.T28250180446. At the time

of enrollment, the deceased mentioned his date of birth as

11.09.1961. The case of the respondents is that the deceased

farmer has crossed the maximum eligibility age of 59 years as on

date of renewal for policy year 2021-22 i.e, 14.08.2021 (completed

59 years 11 months and 3 days) and hence ineligible to be covered

under Rythu Bima Scheme as per the terms and conditions of

eligibility with respect to age. It is also stated the Government of

Telangana has not included the deceased farmer in the list of

"Insurer Members" for the policy year 2021-2022 and onwards

because he has crossed maximum age limit prescribed under R.B.

Scheme and the premium amount was also not paid to the

Insurance Company.

4. Considered the rival submissions of learned counsel for both

sides and perused the record.

5. The State Government with a laudable object has introduced

Farmers Group Life Insurance Scheme commonly called as "Rythu

Bima Scheme" vide G.O.Ms.No.63 dated 19.06.2018 for providing

financial relief and social security to the family members/

dependants, in case of loss of farmer's life due to any reason. The

Government had entered into Memorandum of Understanding with

the respondent No.8 and formulated certain guidelines for

enrollment of the farmers into the said Scheme. As per the terms of

the Memorandum of Understanding, the State Government will pay

premium to respondent No.8 on behalf of the farmer, who got

enrolled in Rythu Bima Scheme. The Scheme is being renewed on

annual basis. The holders of digitally signed pattedar passbooks

(agricultural land owners), who are in the age group of 18 to 59

years are eligible for enrolment under the scheme and the age of the

insured would be determined basing on the age mentioned in the

Aadhaar card. In case, only year is mentioned in the Aadhaar card,

the default date would be taken as 1st July of that particular year.

The Agricultural Extension Officer basing on the information

recorded in the Dharani Portal, is competent to update the

particulars of the beneficiary and nominees of the insured. The

claim applications would be sent to the respondent No.8 for

verification and transmission of claim amount to the nominees. The

application of the deceased for Rythu Bima Scheme for the policy

year 2018-19 was registered with the respondent No.8 vide LIC ID

No.1990338 after verification of the details furnished in the

documents enclosed i.e, Aadhaar card and pattedar passbooks and

title deeds. In the insurance certificate issued by the respondent

No.8, the date of birth of the deceased is mentioned as 11.09.1961

and in the copy of the Aadhaar card of the deceased, the date of

birth is mentioned as 11.09.1961. As per Rythu Bima Scheme, the

farmers who are aged between 18 and 59 years as on 14.08.2018

i.e, born between 14.08.1959 and 15.08.2020 are eligible for

enrollment for the policy year 2018-19. According to the

respondents, the deceased farmer has crossed the maximum

eligibility age of 59 years as on the date of renewal policy for the

year 2021-22 i.e, 14.08.2021 (completed 59 years 11 months and 3

days) and hence the deceased farmer is ineligible to be covered

under Rythu Bima Scheme as per the terms and conditions of

eligibility with respect to age. Further, it is revealed that the

Government of Telangana has not included the name of the

deceased-husband of the petitioner in the list of insured members

for the policy year 2021-2022 and onwards since he has crossed 59

years and disqualified for enrollment and also not paid the premium

amount.

6. The Hon'ble Apex Court in Hirandra Kumar v. High Court

of Judicature at Allahabad & another 1, emphasizing that the

determination of the cut-off date is within the sphere of the

Executive and the Court cannot assume that function, observed as

follows:

"21. The legal principles which govern the determination of a cut-off date are well settled. The power to fix a cut-off date or age-limit is incidental to the regulatory control which an authority exercises over the selection process. A certain degree of arbitrariness may appear on the face of any cut-off or age-limit which is prescribed, since a candidate on

(2020) 17 SCC 401

the wrong side of the line may stand excluded as a consequence. That, however, is no reason to hold that the cut-off which is prescribed, is arbitrary. In order to declare that a cut-off is arbitrary and ultra vires, it must be of such a nature as to lead to the conclusion that it has been fixed without any rational basis whatsoever or is manifestly unreasonable so as to lead to a conclusion of a violation of Article 14 of the Constitution.

27....the validity of the Rule cannot be made to depend on cases of individual hardship which inevitably arise in applying a principle of general application. Essentially, the determination of cut-off dates lies in the realm of policy. A court in the exercise of the power of judicial review does not takeover the function for itself. Plainly, it is for the rule- making authority to discharge that function while making the Rules."

7. As per the principles laid down by the Hon'ble Apex Court in

catena of judgments, the State is having power to formulate the

policy and determine the cut-off date for implementation of the

Schemes. As long as the said policy is not discriminative and

violative of Article 14 of the Constitution of India and the same is

based on certain objective considerations and rational basis, the

said policy is not amenable to the judicial review. In the instant

case, the respondents have fixed age criteria for the enrolment of

the farmers between the age group of 18 and 59 years with an

object to provide financial relief and security to the

members/dependants of the deceased farmers. The policy

enunciated by the Government does not suffer from vice of