- (1.) The present petition is brought before this Court by the petitioners who are said to have lost their parents in the infamous disaster that struck the State of Uttarakhand in the month of June 2013. The grievance of the petitioners is against rejection of their claim for compensation under Krishak Durghatna Beema Yojna [the Scheme of the Government for providing insurance cover to the agriculturists - hereinafter referred to as 'the Scheme'] on the ground that they had filed the claim beyond the stipulated time prescribed in the Scheme.
(2.) The relevant background aspects of the matter could be taken note of as follows: The petitioners are the sons of Sri Braj Bhushan (father) and Smt. Manorama Devi (mother). The parents of the petitioners are said to have gone for pilgrimage in the State of Uttarakhand in the month of June 2013 but were caught in the disaster that struck on 16.06.2013. The Government of Uttarakhand issued Death Certificates dated 28.11.2013 certifying the demise of the parents of the petitioners on 16.06.2013 at Shri Kedarnath. The petitioners made an application on 01.07.2014 before the Area Lekhpal making claim under the aforesaid Scheme of the Government because of the demise of their parents in such disaster. It appears that there had been certain deficiencies in the application which were removed by the petitioners on 14.08.2014. The claim so made by the petitioners was ultimately considered by the concerned District Level Committee constituted under the Scheme on 09.09.2014. The Committee, chaired by the District Magistrate, Aligarh, rejected the claim of the petitioners only on the ground that the same was made beyond the prescribed period. The decisions of the Committee on the claim of the petitioners in relation to the demise of their mother and father finds mention in paragraphs 23 and 24 of the order impugned respectively, which read as under:- 588570-1
(3.) The petitioners submit that they were not informed of the aforesaid decision dated 09.09.2014 and came to know about the same only after seeking information under the Right to Information Act in the month of November, 2014. It is contended on behalf of the petitioners that the respondents have acted illegally in rejecting their claim for compensation on the alleged ground of delay without considering that the Death Certificates were issued by the Government of Uttarakhand only on 28.11.2013 and counting from this date, the claim was well within the prescribed time of one year. It is submitted that the counting of limitation in the present case from the date of demise of the parents of the petitioners remains illegal and unjustified.;