Disposed

Antima Singh v. District Magistrate District-Jaunpur and Another

Allahabad HC23 Jul 2021WRIC/5951/2021

Case brief

AI extract

What is this about?

Writ petition challenging rejection of insurance scheme benefits due to alleged procedural delay. Court declined to adjudicate merits, directing petitioner to approach District Magistrate with supporting documents for District Level Committee review.

What did the court decide?

Liberty to file comprehensive representation before District Magistrate with relevant documents; District Level Committee to decide within eight weeks after hearing Insurance Company.

Antima Singh Vs District Magistrate… — Service and Employment | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 5951 of 2021

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Petitioner :- Antima Singh Respondent :- District Magistrate District-Jaunpur And Another Counsel for Petitioner :- Janardan Prasad Patel Counsel for Respondent :- C.S.C.,Brijesh Chandra Naik

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Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.

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Learned counsel for the petitioner; the learned Standing Counsel for the respondent no.1; and Sri Brijesh Chandra Naik for the respondent no.2.

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The claim of the petitioner for the benefit of Mukhyamantri Kisan Evam Sarvahit Beema Yojna appears to have been rejected by the Insurance Company on the ground that there was delay in submission of income certificate.

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Learned counsel for the petitioner submits that a Division Bench of this Court in the case of Gautam Yadav v. State of U.P. and others (Writ C No. 15983 of 2020) has held that till the time the State Government takes an appropriate decision and amends limitation clauses of the Scheme to make them more reasonable taking into account the socio economic condition of the society as well the laws of India, the limitation for making the claim under the Scheme may be treated as three years.

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The learned Standing Counsel submits that under the Scheme, the final decision making body is the District Level Committee, chaired by the District Magistrate of the district concerned and therefore, the petitioner may make a representation to the respondent no.1 (District Magistrate, Jaunpur), who shall take an appropriate decision in the matter by taking up the matter with the District Level Committee.

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In view of the above, without expressing any opinion on the merits of the claim of the petitioner, we dispose off this petition by giving liberty to the petitioner to file a comprehensive representation before the first respondent (District Magistrate, Jaunpur) in respect of her claim by annexing therewith all the relevant documents which are necessary for maintaining the claim. If any such representation is filed within three weeks from today, the first respondent shall take up the issue as part of the District Level Committee and take appropriate decision thereupon, preferably, within next eight weeks, after giving opportunity of hearing to the Insurance Company.

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Order Date :- 23.7.2021 Sunil Kr Tiwari

Antima Singh v. District Magistrate District-Jaunpur and Another

Case brief

What is this about?

What did the court decide?

Antima Singh v. District Magistrate District-Jaunpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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