Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:54573-DB Court No. - 39 Case :- WRIT - C No. - 10928 of 2025 Petitioner :- Daya Shankar Mishra Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vishveshwar Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Mr. Vishveshwar Mani Tripathi, learned advocate appears on behalf of petitioner and submits, his son died in a road accident. He had applied under the scheme, rejected by order dated 30.12.2024 on ground of delay. He submits, his client cannot be held responsible for the delay for payment of compensation in respect of loss of his son.
2. Mr. Ambrish Shukla, learned advocate, Additional Chief Standing Counsel appears on behalf of State and hands up copy of
order dated 06.11.2023 made by co-ordinate Bench in Writ-C no.33874 of 2023 (Mira Devi vs. State of U.P. and 2 others), and submits, in that case the claim for compensation was remitted for reconsideration. On query, Mr. Shukla submits, only ground of rejection was delay in making the claim.
3. Petitioner's claim is a claim for compensation. State has formulated a benevolent policy. As such, the delay should not be held to be fatal to the claim. Following Mira Devi (supra) and since the rejection was only on account of delay, we direct the respondent no.2 to deal with the claim and disburse the amount to petitioner within six weeks from communication of certified copy of this order. However, in event some other defect in the claim is found, petitioner is to be called upon to rectify.
4. The writ petition is disposed of.
Order Date :- 15.4.2025/Jitendra (Arindam Sinha,J.) (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad