Mikhyal Tirki vs Union of India (UOI) and Others

Amareshwar Sahay, J.—Learned Counsel for the petitioner is directed to add the United India Insurance Company as party respondent No. 4 in this case.

Heard the learned Counsel for the parties and with their consent this writ application is being disposed of at this stage itself.

The petitioner''s grievance in this; writ application is that his representation contained in Annexure-2 submitted to the Director General, Headquarter, Boarder Security Force has not been disposed of and thereby the claim for compensation under different heads has not been paid to him, though he suffered physical disabilities in course of discharging of his duties.

By filing supplementary counter affidavit it has been stated that the following entitlements/ compensations have been released in favour of the petitioner:

(i) Disability Pension Rs. 5925/- per month vide pension payment order No. 40550426916 dated 28.10.2004.

(ii) Retirement gratuity- Rs. 1,08,517.00 remitted to the petitioner vide BD No. 603888 dated 20.11.2004

(iii) Central Govt. Employees Group Insurance Scheme- Rs. 11,221/- Remitted to the petitioner vide BD No. 603888 dated 20.11.2004.

(iv) Leave Encashment - Rs. 65,770/- remitted to the petitioner vide BD No. 603888 dated 20.11.2004

(v) Final payment of GPF- Rs. 63,394/- remitted to the petitioner vide BD No. 603888 dated 20.11.2004

(vi) CEA Bill No. 78 Rs. 2400/-

(vii) DA Bill No. 53, Rs. 193/- Remitted to the petitioner vide BD No. 600554 dated Bill No. 567 Rs. 3845/-

(viii) DA Bill No. 45 Rs. 316.00 Remitted to the petitioner vide BD No. 977385 dated 30.06.04.

(x) MRC Bill No. 38 Rs. 1020/- remitted vide BD No. 601944 dated 10.09.04.

It is further stated that so far as entitlement of the petitioner for payment of "Seema Prahari Beema Yojana" on account of permanent 64% disablement, the disability claim has been referred to United India Insurance Company by the Director General, Headquarter, Boarder Security Force, but till date the claim has not been cleared by the Insurance Company. So far as the ex-gratta relief is concerned, it is stated that the matter has been taken up with the Inspector General (P), Jammu Zone.

Considering the above facts, this writ application is being disposed of by directing the United India Insurance Company to clear the claim of the petitioner, which is pending with it since long, within a period of three months from the date of receipt/production of a copy of this order.

Mr. Shikarwar, who generally appears on behalf of the United India Insurance Company, has been heard in this matter on behalf of the Insurance Company and he has been requested to inform the United India Insurance Company to comply with the order within time framed.

So far as the claim of ex-gratia compensation is concerned, the petitioner is given liberty to make a representation before the Inspector General (P), Jammu Zone, requesting him to expedite the matter, so that his grievance may be redressed at the earliest.

With the aforesaid observations and directions, this writ application is disposed of.