IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7603 of 2006
Marinila Marandi ... ... Petitioner
-versus-
The Union of India and others ... ... Respondents.
CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY.
For the Petitioner : Mr. Purnendu Kumar Jha, Advocate.
For the Respondents Mr. Mokhtar Khan, A.S.G.
3/21.04.2010
. Heard the parties.
The husband of the petitioner was employed with Border Security Force
and was posted at Tripura. According to the petitioner, her husband, while posted
at Tripura, suffered from Malaria and ultimately, due to the said disease, of Malaria
he died on 27.12.2004 at Poraiyahat, Godda.
It is not disputed that the Border Security Force grants special package to
its employees who, while posted at the border area of the country, which are
Malaria infested, falls sick and dies due to such disease of Malaria. Further,
according to the petitioner, since her husband fell ill due to Malaria while posted
at Tripura and he ultimately died because of the disease and as such, she applied
for the grant of the special package .
The authorities of Border Security Force, by issue of letter dated
16.03.2005 as contained in Annexure-3, wrote to the petitioner enclosing a format
to be filled up by her and to submit with the counter signature of the competent
Medical Officer as well as by the Malaria Officer of the District in order to prove
that the patient died due to Malaria.
The petitioner, pursuant to the said letter of the Border Security Force,
submitted the detailed information in the format sent to her, as contained in
Annexure-3/1 stating therein that her husband died due to Malaria and this fact
was duly certified by the Government Medical Officer of Poraiyahat and it was also
counter signed by the District Malaria Officer of the District of Godda.
The grievance of the petitioner is that in spite of her fulfilling the
requirement for grant of special package, her claim for compensation under the
special package, was rejected by order contained in letter dated 27.01.2006 as
contained in Annexure-4/1, on the frivolous grounds that the documents sent by
the petitioner were not in conformity with the letter issued by the concerned
Insurance Company which disputed the death of her husband due to Malaria.
A counter affidavit has been field by the respondents – Border Security
Force, wherein, it is stated that in view of the fact that the Insurance Company
disputed the fact about the death of the husband of the petitioner due to Malaria
and, therefore, the claim of the petitioner has been rejected on that ground.
In my view, the rejection of the claim of the petitioner on the aforesaid
cannot be held to be legal and valid in view of the fact that when the competent
Government Medical Officer and District Malaria Officer of the District duly
certified that the husband of the petitioner was suffering from Malaria and he died
due to said disease and, therefore, there could not have any occasion for the
Border Security Force to disbelieve the certificates of the Government Medical
Officer, as well as the District Malaria Officer and reject the claim of the petitioner
on the ground that the Insurance Company is disputing the fact that the husband
of the petitioner did not die of Malaria. The petitioner has wrongly and illegally
been denied the benefits of Special Package and therefore, the order dated
27.01.2006 (Annexure-4) cannot be sustained.
Accordingly, this application is allowed and the order dated 27.01.2006 as
contained in Annexure-4/1 rejecting claim of the petitioner, is hereby quashed.
The respondents – Border Security Force are directed to pass consequential order
for payment of compensation to the petitioner under Special Package, as
expeditiously as possible, preferably within a period of four weeks from the date
of receipt/ production of a copy of this order.
With the aforesaid observations and directions, this writ petition stands
allowed. .
(Amareshwar Sahay, J.)
RC/