Allowed

Nima Pandey v. State of Haryana & Ors.

Punjab & Haryana HC5 Mar 2014CWP/8622/2012

Case brief

AI extract

What is this about?

In a Constitutional writ petition, the Court was approached by a petitioner seeking directions for release of compensation under the Rajiv Gandhi Parivar Beema Yojana Scheme following her husband's death in a rail accident. The Court observed a five-year delay by the responsible respondent and allowed the petition.

What did the court decide?

The writ petition was allowed; respondent No. 4 directed to pay compensation to petitioner within three weeks.; Costs of Rs. 20,000 imposed on respondent No. 4.

Nima Pandey Vs State of Haryana… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

¶1

CWP No. 8622 of 2012 (O&M)

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

CWP No. 8622 of 2012 (O&M) Date of decision : 05.03.2014

Nima Pandey

... Petitioner

versus

State of Haryana and others ...Respondents

¶9

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

¶10

Present: Mr. Ashok Kaushik, Advocate for the petitioner.

¶11

Mr. Shivendra Swaroop, AAG, Haryana Mr. T.K. Joshi, Advocate for respondent No. 4

¶12

¶13

RITU BAHRI , J. (Oral)

¶14

The petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of mandamus for issuance of direction to the respondents to release the compensation under Rajiv Gandhi Parivar Beema Yojna Scheme (for short 'the scheme')

¶15

On 02.05.2009, the husband of the petitioner namely Vinay Pandey had died in a rail accident and on 18.12.2008, F.I.R has been lodged. The petitioner after fulfilling all the terms and conditions submitted his application form vide diary in the office of respondent No. 3 but till date no compensation has been given to her, in view of the Scheme. A representation dated 17.10.2011 in this regard has been submitted by the petitioner (P-2).

¶16

On notice, a reply has been filed on behalf of respondent

¶17

Arora Gaurav 2014.03.14 15:41 I attest to the accuracy and integrity of this document

¶18

CWP No. 8622 of 2012 (O&M)

¶19

-2-

¶20

Nos. 2 and 3 stating therein that after getting the application of the petitioner, the respondents considered all the facts and circumstances and as per report of the concerned Tehsildar vide No. 683 dated 26.5.2009 referred the matter to Branch Manager, Reliance General Insurance Company for giving financial assistance to the petitioner vide memo dated 2.7.2009 as there was a contract/MOU in respect of the scheme between the State of Haryana and Reliance General Insurance Company Ltd but no response has been received from the Company till date.

¶21

Learned counsel for respondent No. 4 informs the Court that the necessary payment shall be made to the petitioner within three weeks', as per the notification of the Government dated 28.03.2008.

¶22

Keeping in view that the recommendation had been made by the department on 02.07.2009 and respondent No.4 has delayed the payment of the petitioner for almost five years, the writ petition is allowed, however, a cost of Rs.20,000/- is imposed upon respondent No. 4 which shall be given to the petitioner along with his claim, within three weeks' from the date of receipt of certified copy of this order.

¶23

( RITU BAHRI) JUDGE

¶24

05.03.2014

¶25

G Arora

¶26

Arora Gaurav 2014.03.14 15:41 I attest to the accuracy and integrity of this document

Nima Pandey v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Nima Pandey v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

(O&M) Brij Lal & Ors. Vs Fci & Ors.

Harkishan Memorial Public School Vs the Transport Commissioner

Om Parkash Vs State of Haryana and Ors.

Shrawan Arora and Ors. Vs State of Haryana and Ors.

Prem Pal Singh Vs Union of India and Another

Kuldeep Singh Vs State of Punjab & Ors.