Disposed

Susmita v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. AND2 Others

Allahabad HC9 Aug 2024/6859/2024

Case brief

AI extract

What is this about?

Writ petition filed seeking compensation under the Mukhyamantri Krishak Durghatana Kalyan Yojna for the death of the petitioner's husband, an agricultural labourer, for which the claim remained pending. The court directed the District Magistrate to dispose of the pending claim within three months.

What did the court decide?

Direction to the District Magistrate, Pratapgarh to consider and decide the petitioner's pending claim application within three months.

Susmita Vs State of U.P. Thru. Prin. Secy… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55202-DB

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Court No. - 3

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Case :- WRIT - C No. - 6859 of 2024 Petitioner :- Susmita Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And2 Others Counsel for Petitioner :- Rinku Verma,Anjali Verma

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Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh, J.

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Heard learned counsel for the parties and perused the record.

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This petition has been filed with the following main prayer :-

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"Issue a writ, order or direction in the nature of mandamus commanding upon the opposite parties to pay compensation/ financial assistance of Rs.500000/- to the petitioner under the "Mukhyamantri Krishak Durghatana Kalyan Yojna" on account of death of i.e. Shitla Prasad Srivastava along with interest @ 14% from the date of death of deceased i.e. 16.06.2020 till actual payment."

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It has been submitted by the learned counsel for the petitioner that petitioner's husband Late Shitla Prasad Srivastava resident of Ramgarh Dewara, District Pratapgarh died on 16.06.2020 due to electric shock. Late Shitla Prasad Srivastava was the only bread earner of his family who earned bread for himself and his family also by doing agricultural work on the agricultural land as sharecropper as well as labour and, thus, the petitioner is fully covered under the Government Welfare Scheme, i.e., Mukhyamantri Krishak Durghatna Yojana as per Government Circular dated 24.02.2020.

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After the death of her husband the petitioner being her wife filed her claim with all required documents before the respondent no.3 through area lekhpal well within time prescribed for payment of compensation under the scheme but

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the respondent no.3 did not consider the same and also did not provide any information regarding the disposal of the claim till date. As per Government order dated 24.02.2020 the District Magistrates of the concerned districts are bound to pay the aid amount to the legal heirs of the deceased within a month or maximum period of 45 days after the receipt of the claim. Being aggrieved by the conduct of the respondent no.3 in not providing any information regarding the disposal of claim of the petitioner she again submitted representation dated 14.06.2024 for payment of aid amount under the aforesaid scheme which is pending till date, hence, this petition has been filed.

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This writ petition is finally disposed of with a direction to the District Magistrate, Pratapgarh to consider and decide the claim application of the petitioner, if any submitted by her which is pending before him, strictly in accordance with law within a period of three months from the date a certified copy of this order is produced before him, if such claim has not already been decided.

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Order Date :- 9.8.2024 mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Susmita v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. AND2 Others

Case brief

What is this about?

What did the court decide?

Susmita v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. AND2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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