Raj Bala Devi v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7497/2016 & CM No. 30829/2016 (stay) RAJ BALA DEVI ..... Petitioner Through:

Mr. Sunil Tiwari, Advocate versus UNION OF INDIA & ANR ..... Respondents Through:

Ms. Barkha Babbar & Ms. Dipanjali Tyagi, Advocates for UOI.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.08.2016 1.

This writ petition has been filed by the wife of a deceased Constable of the Border Security Force claiming release of death benefits due to her on account of the death of her late husband. 2.

After hearing the learned counsel on behalf of the respective parties, we deem it appropriate to direct the respondent authorities to treat the writ petition as a representation of the writ petitioner and to dispose of the same in accordance with law.

3.

Needless to mention that the respondent authorities shall consider the representation sympathically considering that it is the representation of a semi literate widow of a deceased constable. W.P.(C) 7497/2016

4.

Ms. Babbar, learned counsel appearing on behalf of the respondent authorities submits that all the death benefits due and payable to the petitioner have duly been paid. It, however, appears that the petitioner has also claimed certain other benefits including compassionate appointment, financial assistance for daughter's marriage and scholarships from the Police Memorial Fund for education of the children. Ms. Babbar, Advocate perhaps is right that these benefits are not death benefits that can be claimed as of right. However, it is expected that as model employers, the respondent authorities will guide writ petitioner and intimate the writ petitioner of the rules with regard to the benefits and in particular the eligibility criteria and the mode and manner of applying for the benefits. The respondent authorities will inter alia inform the writ petitioner; the specific authority which should be approached for grant of each of the available benefits.

5.

The writ petition as well as pending application are disposed of accordingly.

INDIRA BANERJEE, J NAJMI WAZIRI, J AUGUST 30, 2016 rs W.P.(C) 7497/2016