Writ Petition No. 1455 of 2021 · Madhya Pradesh High Court
Case at a glance
Outcome
Disposed of
With the aforesaid directions, the instant writ petition stands disposed of
Judgment
THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY DEPARTMENT OF BHOPAL LABOUR (MADHYA PRADESH) VALLABH BHAWAN LABOUR CHHATARPUR (MADHYA PRADESH) OFFICER CHHATAR PUR , DISTT. C O L L E C T O R C H H A T A R P U R DISTT. CHHATARPUR (MADHYA PRADESH) CHIEF EXECUTIVE OFFICER, JILA PANCHAYAT DISTT. CHHATARPUR (MADHYA PRADESH) EXECUTIVE CHIEF JANPAD PANCHYAT RAJNAGAR DISTT. CHHATARPUR (MADHYA PRADESH) OFFICER
(BY SHRI ANSHUMAN SWAMI- PANEL LAWYER ) .....RESPONDENTS This petition coming on for admission this day, th e court passed the following: ORDER Learned Panel Lawyer for the respondents/State prays for time to file 2 reply. However, looking to the fact that the husband of the petitioner died in accident in the year 2020 and the notices were issued on 29.01.2021 but even after lapse of more than two years, reply has not been filed, therefore, the matter is heard finally. The grievance of the petitioner is that the respondents are not granting benefit of Mukhyamantri Jankalyan Sambal Yojna, 2018 (hereinafter shall be referred to as "the scheme of 2018"), which provides for compensation under different heads. The husband of the petitioner died due to road accident and as per the scheme of 2018, she is entitled to receive the benefit of the scheme. As per clause 6(iii) of the scheme of 2018, the petitioner is entitled for Rs.4 Lakhs.
This fact has not been denied by the Chief Executive Officer, Janpad Panchayat Rajnagar as per letter dated 21.09.2020 (Annexure P/7). Even in the death certificate, the reason for death of husband of the petitioner is road accident. According to clause 7(ii) of the scheme of 2018, the person is entitled for benefit only if the deceased is below 60 years. Learned counsel for the petitioner submits that due to the mistake of the respondents, the age of the husband of the petitioner has been shown as '60 years' in place of '45 years', therefore, the petitioner is unable to get the benefit of the scheme though she is entitled. The Chief Executive Officer, Janpad Panchayat Rajnagar, referred the matter to the Labour Officer, District Chhatarpur (M.P.) to correct the age of the husband of the petitioner in the web portal as 45 years, but till date no decision has been taken. Learned Panel Lawyer for the respondents/State submitted that the matter has been referred to the Labour Officer seeking clarification and correction in the web portal.
Operative part
However, the benefit would be extended to the petitioner immediately after correction is incorporated in the web portal. Heard the learned counsel for the parties. 3 Taking into consideration the facts and circumstances of the case and also the fact that according to the documents produced by the petitioner, the age of the husband of the petitioner appears to be 45 years at the time of accident, prima facie it appears that the petitioner is entitled for the benefit of the scheme of 2018 as also according to the letter dated 21.09.2020 (Annexure P/7). Since, no decision has been taken on the letter dated 21.09.2020, the competent authority of the respondents are directed to take a decision and correct the entries in the web portal, as expeditiously as possible, preferably within a period of 30 days from the date of receipt of certified copy of the order. If it is found that the petitioner is entitled for compensation under the scheme of 2018, the benefit may be extended to the petitioner within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the case. With the aforesaid directions, the instant writ petition stands disposed of. Shanu RAIKWAR (S. A. DHARMADHIKARI) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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