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1998 DIGILAW 406 (PAT)

Smt. Lilawanti Devi v. State of Bihar

1998-05-20

ASOK KUMAR GANGULY

body1998
ORDER 1. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner with a prayer for direction upon the Respondents to pay the retirement benefits. 3. It is not in dispute that husband of the petitioner died on 25.3.1993 as a result of sustaining injuries by him in an encounter with the Criminals. The petitioner is the widow of the said constable and is claiming for payment of extraordinary pension. 4. It appears from the counter-affidavit filed by the respondents that the said claim of the petitioner is pending with the Secretary-cum-Commissioner (Home) Police, State of Bihar who is added as Respondent no. 6 to this writ petition. 5. In that view of the matter, the said Respondent is directed to take steps for finalising the petitioner's claim for payment of extraordinary pension within a period of two months from the date of receipt of a copy of this order upon the added respondent. 6. So far as the petitioner's claim for payment by the Insurance Company is concerned, learned counsel for the Insurance company submits before this court that the policy covering the date of personal accident has expired in the year 1994 itself and after expiry of the said policy, no direction can be given for such payment. 7. This court is of view that it cannot direct the Insurance Company to make payment after expiry of the policy. 8. In that view of the matter, this court directs the appropriate Respondents authority of the State Government to examine the claim of the petitioner in respect of insurance amount. The petitioner is directed to make a representation alongwith the relevant records to the respondent no. 6. If respondent no. 6 finds that the petitioner has been deprived of from the insurance claim as a result of laches on the part of the officers of the State Government, he will make order for payment of insurance amount to the petitioner. If such a representation is made as above, Respondent no. 6 will dispose it of within a period of three months from the date of filing of such representation. 8. With this direction this writ petition is disposed of.