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2017 DIGILAW 2790 (RAJ)

Kamla Devi Jat v. State of Rajasthan

2017-12-14

VIJAY BISHNOI

body2017
JUDGMENT : Vijay Bishnoi, J. 1. Despite service of notice, nobody is appeared on behalf of the respondents. 2. Mr. P.R. Singh-AAG is directed to accept notice on behalf of all the respondents. Copy of the writ petition be supplied to Mr. P.R. Singh. 3. The matter comes up for consideration of application (APPLW No. 6046/17) preferred on behalf of the petitioner for early listing of the writ petition, however, with the consent of the learned counsel for the parties, the matter is heard finally. Hence, the application (APPLW No. 6046/17) stands disposed of. 4. This writ petition is filed by the petitioner being aggrieved with the action of the District Collector (Relief), Nagaur, whereby the application filed by the petitioner for extending financial assistance to her under the Rajasthan Chief Minister Relief Fund has been rejected vide communication dated 24.06.2015 on the ground that the claim of the petitioner for extending the financial assistance under the said scheme is time barred. 5. The brief facts of the case are that the husband of the petitioner was met with an accident with an unknown vehicle and received grievous injuries on 21.05.2014 and on the very same day he admitted in the government hospital where he died. In relation to the said incident FIR No. 65/2014 has also been lodged in Police Station, Maulasar, District Nagaur on 21.05.2014. 6. It is not in dispute that the State Government issued guidelines for extending financial assistance to the dependent or family members of the person who died or received grievous injuries in road accident under the Rajasthan Chief Minister Relief Fund and the District Collectors of concerned districts are authorized to sanction and release the amount of financial assistance. 7. It is also not in dispute that earlier amount of financial assistance extended under the said scheme was of Rs. 20,000/- but later on as per the order of the Chief Secretary, Government of Rajasthan, the amount of said financial assistance was increased up to Rs. 50,000/-. It is also not in dispute that the petitioner applied under the said scheme on 22.12.2014 before the District Collector (Relief), Nagaur through Tehsildar, Deedwana along with requisite documents. 8. The case of the petitioner was forwarded to the District Collector (Relief), Nagaur and he raised some queries vide letter dated 06.02.2014 and directed the Tehsildar, Deedwana to reply the said queries. 8. The case of the petitioner was forwarded to the District Collector (Relief), Nagaur and he raised some queries vide letter dated 06.02.2014 and directed the Tehsildar, Deedwana to reply the said queries. The said queries of the District Collector (Relief), Nagaur were not replied in time and the same were sent to the District Collector (Relief), Nagaur on 02.06.2015. The District Collector (Relief), Nagaur vide order dated 24.06.2015 has rejected the claim of the petitioner while treating it as time barred with the observations that the time limit for providing financial assistance has expired on 20.05.2015. The District Collector has also directed to initiate action against the officials, who delayed the matter. 9. Learned counsel for the petitioner has submitted that there is no fault on the part of the petitioner and whatever the delay has been caused was caused in the official process and therefore, the action of the District Collector (Relief), Nagaur regarding the claim of the petitioner for granting her financial assistance under the Rajasthan Chief Minister Relief Fund is illegal. 10. Per contra Mr. P.R. Singh has submitted that since the claim of the petitioner for extending financial assistance under the Chief Minister Relief Fund was expired and the District Collector (Relief), Nagaur has not committed any illegality in rejecting the same. 11. Having heard learned counsel for the parties and after taking into consideration the facts and circumstances of the case, particularly the fact that there is no fault on the part of the petitioner as she has applied in time for the financial assistance under the Rajasthan Chief Minister Relief Fund and whatever the delay has been cause was caused on account of negligence and apathy of the government officials, this writ petition is allowed. The impugned action of the District Collector (Relief), Nagaur of rejecting the claim of the petitioner for financial assistance under the Rajasthan Chief Minister Relief Fund vide communication dated 24.06.2015 is set aside. The District Collector (Relief), Nagaur is directed to extend the financial assistance to the petitioner under the Rajasthan Chief Minister Relief Fund within a period of four weeks from the date of production of certified copy of this order. Stay petition is also disposed of.