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2017 DIGILAW 141 (GAU)

Longritila v. Divisional Manager

2017-01-31

SONGKHUPCHUNG SERTO

body2017
JUDGMENT & ORDER : S. Serto, J. This is a case of one unfortunate widow whose son served the Country by guarding the borders and while doing so contracted a disease which took away his life. 2. Heard Mr. I. Imti Longchar, learned counsel for the petitioner and Mr. Z.N. Ngullie, learned CGC for the respondent Nos. 2, 3, 4 & 7. None appears on behalf of the respondent Nos. 1 & 8 in spite of the fact that earlier one Ms. Arepla Chang, learned counsel had appeared for the respondent No. 1 and, notice had been served to the respondent No.8. 3. The case of the petitioner as submitted by her learned counsel is as follows:- That her son Late Ct. Imkonglemba was recruited as Riflemen in the Border Security Force (in short, BSF) on 12.07.2002 and was posted in the 17th Battalion of BSF and was allotted riflemen No. 023870134. While serving as such, he was taken ill one day, and because of that he was sent home for treatment. He was admitted at Modem Clinic and Laboratory, ATCOS Complex, Mokok-chung, but, unfortunately he died on 14.7.05. As per the medical certificate issued by the hospital Late Ct.Imkonglemba suffered from Cerebral Malaria. That there is a scheme by the name "Seema Prahari Beema Yojana (in short, SPBY) under which BSF personnel are given insurance cover in case of death or disability, caused directly or indirectly by any accident, while on leave or on duty. But considering the increase in number of natural death cases in BSF, a need was felt, to cover BSF personnel, against natural death including suicide also. Accordingly, the case was taken up with the LIC of India to formulate a policy suitable to the requirement of BSF and in the month of August, 2006, LIC came up with the proposal to provide the insurance cover to the BSF personnel against natural death including suicide, total permanent disability and accidental cases. Thereafter, an agreement was signed between BSF and with LIC Officers on 29th August, 2006 to implement the scheme namely, LIC Group Insurance Scheme BSF. The scheme was renewed for the period from 1st September, 2007 to 31st August. 2008 with additional benefits including partial permanent disability also. The scheme as given in the petition is as follows: - SL. No. Death/Disability Insurance Cover 1. Natural Death/Suicide Rs. 5.00.000/- 2. Accidental Death Rs. The scheme was renewed for the period from 1st September, 2007 to 31st August. 2008 with additional benefits including partial permanent disability also. The scheme as given in the petition is as follows: - SL. No. Death/Disability Insurance Cover 1. Natural Death/Suicide Rs. 5.00.000/- 2. Accidental Death Rs. 10.00,000/- 3. Death due to Cerebral Malaria occurred any where in India Rs. 10,00,000/- 4. Disability arising to accidental injuries Rs. 5,00,000./- (max) Calculation of the amount will be as per percentage of disability Note:- The Scheme has since been renewed up to 31st August, 2010." That since the petitioner's son died of Cerebral Malaria, the petitioner applied for availing the benefit as provided under the scheme, given at Sl. No.3 of the scheme given above. However, the Commandant, 17th BN BSF, Hqrs., Mawpat, Shillong-15, vide his letter No. Accts/17BN/SPBY/2005/16904, dated 26.12.2005 informed the petitioner that some related documents regarding the disease suffered by her son which led to his death needs to be submitted. Accordingly, the petitioner sent the required documents as intimated to her and the same was received by the authority concerned in BSF. Following the receipt of the necessary documents the Deputy Commandant/DDO, 17th Battalion, C.S.B. BSF wrote to the Director General, Head Office (Group-1, Seema Prahari Bima Cell) Block No. 10, Central Office, New Delhi-110003 a copy of which was endorsed to the petitioner, stating that the application of the petitioner had been rejected by Insurance Company but the petitioner has submitted another application enclosing all the necessary documents, therefore, the Insurance Company has been requested to extend the benefit to her if it is agreeable to them. After having gone through the document filed by the petitioner, it appears that several communications through letters have been exchanged between the petitioner and the BSF and after all doubts have been cleared regarding the cause of death of the petitioner's son the BSF had forwarded the application of the petitioner to the NIC Ltd. for granting the benefit under the scheme. It may also be mentioned here that out of concerned for their fellow service man and his bereaved family, the Zila Sainik Welfare Office, Mokokchung had also written several letters and reminders to the BSF authority to grant and disburse the benefit under the scheme to the bereaved family members. 4. Learned counsel Mr. It may also be mentioned here that out of concerned for their fellow service man and his bereaved family, the Zila Sainik Welfare Office, Mokokchung had also written several letters and reminders to the BSF authority to grant and disburse the benefit under the scheme to the bereaved family members. 4. Learned counsel Mr. Z.N. Ngullie who appears on behalf of the Union of India, the Director General of Border Security Force and Secretary to the Government of India, Ministry of Finance submitted that as far as the responsibility of the BSF or the Union of India is concerned that is sending or forwarding of the petition of the petitioner after proper scrutinisation to the NIC Ltd. Office has been done, therefore, what is left now is, only, the duty of NIC Ltd. i.e. to grant the benefit to the petitioner under the scheme. From what has been stated above, it is now clear that the BSF and Union of India has already forwarded the petition of the petitioner to NIC Ltd. and now it is NIC Ltd. who is to grant the benefit under the scheme to the petitioner. The NIC Ltd. represented by the respondent No. 1 and the respondent No. 8 did not file their counter affidavits, in spite of sufficient opportunity given to them, therefore, it is to be assumed that they have no objection to the prayer of the petitioner in this writ petition. It appears from the scheme that such benefits have been introduced so that to some extent, the family members of the personnel of BSF who had fallen into such unfortunate accidents and suffered such consequences have something to fall back so that they can go on with life without being destitute. The BSF personnel, as suggested by the name itself, are the people whose primarily duty is safeguarding or making secure the borders of our country. Doing such a job so honourable is one thing but facing or bearing the consequences of such a job so dangerous and hazardous is another thing altogether. It is only the brave and who loves their mother land who takes up such a job so that all their countrymen can feel secure and live peacefully. Doing such a job so honourable is one thing but facing or bearing the consequences of such a job so dangerous and hazardous is another thing altogether. It is only the brave and who loves their mother land who takes up such a job so that all their countrymen can feel secure and live peacefully. Therefore, to deny such a small entitlement under the scheme to a member of such force and his family members would amount to ignoring the sacrifice of a man who spent all he had in making our border secure. Therefore, the NIC Ltd. with a sense of bounden duty, should clear all necessary formalities and grant the benefit to the petitioner, mother of the riflemen, as per the entitlement under the scheme within a period of 3 (three) months from the date of receipt of a copy of this order. Cause of death of the riflemen is Cerebral Malaria. The scheme head under which petitioner is entitled to the benefit is under SI. No. 3 of the scheme, therefore, the amount to be given to the petitioner is Rs. 10,00,000/-. Writ petition is disposed.