High Court Jharkhand High Court

Marinila Marandi vs Union Of India & Ors. on 21 April, 2010

Jharkhand High Court
Marinila Marandi vs Union Of India & Ors. on 21 April, 2010
                       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/