Court No. - 5
Case :- WRIT - A No. - 13985 of 2020 Petitioner :- Dharminder Kaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Tewari Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 to 3.
The petitioner by means of the present writ petition, has prayed for following relief:-
"a. to issue as a writ, order or direction in the nature of Mandamus commanding the respondents to pay the amount of Life Insurance of husband of petitioner Late Constable Hargyan Singh from the date of death of Late Constable Hargyan Singh i.e. 19.05.2006 with interest at the rate, which this Hon'ble Court deem fit and proper."
The husband of the petitioner was Constable in Police department and had died on 19.05.2006. After the death of husband of the petitioner, all terminal dues as admissible has been paid to the petitioner. According to the petitioner, she was not paid the insurance amount. The petitioner thereafter submitted several representations to the competent authority for releasing the insurance amount, but the authority did not pay heed to the representation of the petitioner and the petitioner was informed under Right to Information Act that no amount towards premium of insurance has been deducted by the department and, therefore, she is not entitled to insurance amount, copy of information given to petitioner under RTI Act is enclosed as Annexure 3 to the writ petition.
Learned counsel for the petitioner submits that it was mandatory for the department to deduct the premium of insurance from the salary of husband of the petitioner and for the fault of the department, the petitioner can not be made to suffer.
Be that as it may, the petitioner has approached this Court after death of her husband after about fourteen years without explaining the delay in approaching the Court. Further, the petitioner does not dispute the fact that no amount towards premium of life insurance has been deducted by the department. Since, no amount towards premium of life insurance has been deducted from the salary of the petitioner, the petitioner cannot be paid the insurance amount.
For the reasons given above, the writ petition is dismissed.
Order Date :- 6.1.2021 S.Sharma