MANORMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVNUE SECTT. LKO AND 3 OTHERS
WRIC/2981/2024 · 2025-11-25
Manjive Shukla, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 182717 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 182717 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 2981 of 2024 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner is aggrieved by the rejection order dated January 10, 2024 passed by the District Magistrate, Ambedkar Nagar rejecting his claim for compensation under the Mukhyamantri Krishak Durghatna Kalyan Yojana. 3. The claim of the petitioner was rejected on the ground that the deceased was earning pension after having retired as an Assistant Teacher in a Primary School. 4. Learned counsel appearing on behalf of the petitioner submits that the deceased, who is the husband of the petitioner, was a landowner and there was land in his name in the khatoni, which clearly indicated that he was a farmer. He further submits that though the deceased was a Primary Teacher, he was also an agriculturist and worked as a farmer throughout his life and continued to do so even after retirement. He further relies upon the decision of the District Level Committee, wherein in a similar case the claim for the death of an Assistant Teacher in a Primary School was allowed on the basis of sub-clauses (1) to (3) of Clause 2 of the Mukhyamantri Krishak Durghatna Kalyan Yojana, holding that the person was to be considered as a farmer under the said Scheme. Versus Counsel for Petitioner(s) : Avadhesh Mishra, Naseem Ahamad Counsel for Respondent(s) : C.S.C. Manorma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revnue Sectt. Lko And 3 Others .....Respondent(s)
5. Upon perusal of the entire scheme, we do not find any specific exclusion for persons who are earning a pension after retirement and who have agricultural land in their name and are working on the same. 6. In light of the same, the impugned order is quashed and set aside with a direction upon the authorities concerned to reconsider the case of the petitioner after granting an opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law. The authorities must take into consideration the decision of the District Level Committee, a copy of which is annexure-10 to the writ petition. 7.
The reasoned order should be passed within a period of twelve weeks from date. 8. With the above direction, the writ petition is disposed of. November 25, 2025 cks/- WRIC No. 2981 of 2024 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench