- (1.) The present writ petition has been preferred for following reliefs: (i) For issuance of an appropriate writ, order or direction, in the nature of certiorari for, quashing the letter dated 04.2.2004 issued under the signature of Senior Divisional Manager whereby and whereunder the said authority in utter disregard to the legal, entitlement of the petitioner to receive death claims arising out of the policies on account of death of the petitioner's husband, rejected the petitioner's claims on untenable ground(s) in a most illegal and arbitrary manner. (ii) For issuance of an appropriate direction upon the respondent authorities to forthwith release the death claims in favour of the petitioner attached with the policies bearing policy No. 551523082 and 551523083 purchased by petitioner's late husband.
(2.) The facts, in brief, are set out as under: The petitioner's late husband Ram Chandra Ram was a crew controller/OPB(TRS)/GHD at East Central Railway, Barwadih. The respondent Nos. 4 & 5 persuaded him to take two policies of L.I.C. of India. The details of the policies are as follows: JUDGEMENT_45_AIR(JHAR)_2010Html1.htm
(3.) The Branch Manager, Jamshedpur Division of L.I.C. of India accordingly issued acceptance letter cum first premium receipts of both the policies Due to personal financial difficulties there was some default in payment of the premium of few quarters and memo dated 30.7.01 was issued to the petitioner's late husband for payment of premium and renewal thereof. The petitioner's late husband renewed both the policies on 1.10.2001 and 18.2.02 and paid up-to-date premiums with late fee and the renewal premium receipts were also issued to the petitioner's late husband by the respondents. Petitioner's husband died on 27.11.02 due to cardiac respiratory failure and accordingly a death certificate was issued. The petitioner is the named nominee and after the death of her husband she applied for payment of death benefits attached with the aforesaid two policies. The respondents wrote a letter on 7.3.03 asking for the leave details of the petitioner's late husband from the Railway. The respondents also sought Railway Medical Certificate of petitioner's late husband for the period 01.6.01 to 04.7.01 from petitioner's son and in terms of the letter dated 28.8.2003 he requested the Senior Divisional Medical Officer for issuing Medical Certificate. The Senior Divisional Medical Officer, East Control Railway, Barwadih on the same letter dated 28.8.03 certified that the petitioner's late husband was under his treatment w.e.f. 01.6.01 to 04.7.01 for P.V.O. and was issued fitness certificate on being relieved being No. F-0768014 which was communicated to the petitioner. The respondent took a decision that at the time of the revival of the policy petitioner's husband, since deceased, had withheld material information regarding his health and therefore, the revival of the policies was declared void and money paid by the deceased was to be retained by the respondent vide their letter dated 04.02.2004. The petitioner being constrained wrote a letter on 02.3.2004 to the Zonal Manager, Kolkata for reconsideration of the matter and for payment of the benefits under the policy and the Zonal Manager vide its letter dated 19.3.2004 communicated to the petitioner that the matter is now being taken up with Jamshedpur Divisional Office. However, nothing was communicated thereafter, The petitioner being constrained has preferred this writ petition for quashing the impugned letter dated 04.2.2004.;