Telangana High Court
Smt. Devari Annapurna vs The State Of Telangana on 9 April, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.19856 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 appropriate, writ or order or direction more particularly one
in the nature of writ of mandamus declaring the action of the
respondents in rejecting the petitioner's application for granting Rythu
Bhima on account of death of her husband Devari Ramchandar on the
pretext that his age is above 60 years without considering that his age
is only 55 years old as on the date of his death as per his Community,
Nativity and Date of Birth Certificate and all other educational
certificates is illegal, arbitrary, against the principles of natural justice
and consequently direct the respondents to grant the Rythu Bhima
amount to the petitioner on account of death of her husband Devari
Ramchandar by treating his age as 55 years old as on the date of his
death, in the interest of justice...."
2. It is stated that the petitioner is wife of Late Devari
Ramchander, who was the pattadar and possessor of agricultural
lands admeasuring Ac.2-00 gts in Sy.No.27/A, Ac.0-04 gts in
Sy.No.35/A-E1 and Ac.1-32 gts in Sy.No.44E, total admeasuring
Ac.3-36 gts situated at Annasagar Village, Damaragidda Mandal,
Narayanpet District. It is further stated that the petitioner's
husband enrolled for "Farmers Group Life Insurance Scheme"
(Rythu Bima) in the respondent No.5 vide LIC No.292688 as per the
Master Policy No.504504504 for a sum of Rs.5,00,000/-. It is
further case of the petitioner that her husband expired on
14.05.2024 and even after intimation of the said fact, the
respondents are not releasing the insured amount on the ground
that the husband of the petitioner was aged more than 60 years as
on the date of death and therefore, he is not entitled for benefits
under the Rythu Bima Scheme. It is stated that the date of birth of
the husband of the petitioner recorded in the community and
nativity date of birth certificate and transfer certificate, is
04.08.1968 and he also suffered with 70% disability due to
accident. It is further stated that in Aadhaar Card, the date of birth
of deceased was wrongly mentioned as 10.08.1960 and taking into
consideration the wrong Date of Birth as 10.08.1960, the
respondents rejected the claim of the petitioner. Hence the writ
petition.
3. A counter affidavit has been filed by the respondent No.7,
inter alia stating that as per G.O.Ms.No.63 Agriculture and
Cooperation (Agri.II) department dated 19.06.2018, the eligibility
criteria for a farmer to be enrolled under the Rythu Bima Scheme in
the State of Telangana is the farmer must be between the age group
of 18-59 years as on 15.08.2018 and in order to implement the
Scheme, the data of the farmers holding patta is to be shared by the
Chief Commissioner of Land Administration (CCLA) with the
Agricultural Extension Officers. It is further stated that as per the
data shared by the CCLA, the Adhaar Number of the deceased
farmer is 79555502782 and his date of birth as per Aadhaar is
10.08.1960 and accordingly, his age as on 14.05.2024 (date of
death) was 63 years 9 months 5 days. It is also stated that the
deceased farmer was not eligible for the policy for the year 2023-24,
as his age as on 14.08.2023 was 62 years, 11 months, and 26 days,
which is above the maximum eligible age of 59 years. The counter
affidavit further reveals that the deceased farmer was initially
enrolled under the Rythu Bima Scheme on 14.08.2018 for the year
2018-19 vide LIC ID No.292688 and Master Policy No.504504504
and he became eligible for the policy years 2019-2020, 2020-2021,
2021-2022 and 2022-2023. However, for the year 2023-24, since
his age exceeded the prescribed limit of 59 years, the policy was not
renewed, and thus, he was not entitled to any claim under the
scheme for that year. It is also submitted that, as per the terms and
conditions laid down in G.O.Ms.No.63 dated 19.06.2018, the age of
the farmer is to be determined based on the Aadhaar card. Since the
deceased farmer had furnished his particulars based on the
Aadhaar card, the same was taken into consideration for
determining his eligibility. Thus, it is contended that the petitioner
is not entitled to the release of the policy amount, as there was no
valid policy in force for the year 2023-24 and accordingly, prayed
for dismissal of the writ petition.
4. The respondent No.8 has also filed a counter affidavit,
reiterating the averments made in the counter affidavit filed by
Respondent No.7. It is submitted that the deceased farmer, during
his lifetime, had the opportunity to correct the date of birth in his
Aadhaar card, but he did not do so. It is further submitted that the
policy certificate, which is printed in the vernacular language,
contains a note at the bottom clearly stating that the insurance
cover ceases when the member attains the age of 60 years and
therefore, the petitioner is not entitled for release of the policy
amount, and accordingly, prayed for dismissal of the writ petition.
5. Considered the rival submissions of learned counsel for both
sides and perused the record.
6. The State Government, with a laudable objective, introduced
the Farmers Group Life Insurance Scheme, commonly known as the
"Rythu Bima Scheme", vide G.O.Ms.No.63 dated 19.06.2018, to
provide financial relief and social security to the family
members/dependants of farmers in the event of the loss of a
farmer's life due to any reason. In furtherance of its objective, the
Government entered into a Memorandum of Understanding with
Respondent No.8, and formulated specific guidelines for the
enrollment of farmers under the said scheme. As per the terms of
the MoU, the State Government bears the premium payable to
Respondent No.8 on behalf of enrolled farmers, and the scheme is
renewed annually. Eligibility under the Scheme is confined to
digitally signed Pattedar Passbook holders (agricultural landowners)
who are in the age group of 18 to 59 years. The age of the insured is
to be determined based on the Aadhaar card. In cases where only
the year of birth is mentioned in the Aadhaar, the default date is
treated as 1st July of that particular year. The Agricultural
Extension Officer, based on the information recorded in the Dharani
Portal, is authorized to update the particulars of the beneficiary and
the nominees of the insured. Upon submission of claims, the
applications are forwarded to Respondent No.8 for verification and
disbursement of the claim amount to the nominees. In the present
case, the application of the deceased farmer for enrollment under
the Rythu Bima Scheme for the policy year 2018-19 was registered
with Respondent No.8, vide LIC ID No.292688, after due verification
of the enclosed documents including the Aadhaar card, Pattedar
passbook, and title deeds. In the insurance certificate issued by
Respondent No.8, as well as in the Aadhaar card, the date of birth
of the deceased is mentioned as 10.08.1960. As per the eligibility
criteria of the scheme, the farmers in the age group of 18 to 59
years as on 15th August, 2018 (born between 14.08.1959 and
15.08.2000) are eligible for enrollment of policy for the year 2018-
19. Further, in the insurance certificate issued to the deceased
farmer it is mentioned that the benefit of insurance for the insurer
is only upto the age of 60 years. According to the respondents, the
deceased farmer crossed the maximum age limit of 59 years as on
the date of renewal of policy for the year 2023-24, and therefore, he
was ineligible for coverage under the scheme for that policy year. It
is also revealed that the Government of Telangana did not include
the name of the deceased husband of the petitioner in the list of
insured members for the year 2023-24 and onwards, as he had
crossed the eligible age limit and was thus disqualified for
enrollment. Consequently, no premium amount was paid on his
behalf for that year.
7. The Hon'ble Apex Court in Hirandra Kumar vs. 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
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
(2020) 17 SCC 401
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."
8. 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 prescribed an age limit of 18 to 59 years
for farmers' enrollment under the Rythu Bima Scheme, with the
object of providing financial relief and social security to the
dependants of deceased farmers. The object of the policy is to
ensure that some monetary compensation is paid to the family
members of farmers who die in harness. The eligibility criteria
clearly stipulates that only farmers within the age group of 18 to 59
years are eligible and the date of birth recorded in Aadhaar shall be
taken as the determining factor for age. A uniform procedure has
been prescribed since, in most cases, farmers do not have their date
of birth recorded in school or educational records, and hence, the
Aadhaar card is adopted as the standard proof of age. Once a
farmer is enrolled under the scheme by furnishing details, including
age as per Aadhaar, the terms and conditions agreed upon become
binding for the purpose of assessing eligibility and disbursing
benefits under the scheme. The policy enunciated by the
Government is neither arbitrary nor it suffers from discrimination
among the class of farmers so as to warrant judicial interference. No
case has been made out by the petitioner to invoke the
extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India. For the aforesaid reasons, the present writ
petition filed by the petitioner is devoid of merits and the same is
liable to be dismissed.
9. Accordingly, this Writ Petition is dismissed.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed. No order as to costs.
_________________________
C.V.BHASKAR REDDY, J
Date: 09.04.2025
scs
