Allahabad High Court Quashes Order, Directs Reassessment of Eligibility Under Farmer Welfare Scheme

Court directs authorities to reassess eligibility of deceased breadwinner's family under 'Mukhya Mantri Krishak Durghatana Kalyan Yojana' after previous rejection

In a significant ruling, the Allahabad High Court has quashed the order of the District Magistrate, Azamgarh, rejecting the claim of Savita Yadav under the 'Mukhya Mantri Krishak Durghatana Kalyan Yojana'. The Court found that the authorities failed to properly assess the deceased's agricultural involvement and did not provide adequate reasoning in their decision.

The case revolved around Savita Yadav, whose husband, Sanjay Yadav, died in an accident while working as a co-driver. Although he worked off-season as a Khalasi, his primary income was argued to be from farming activities on his father's land. The Court noted that working odd jobs during the off-season should not disqualify a person from the benefits of the scheme.

The petitioner, represented by advocates Ajay Kumar Maurya, Deepak Singh, and others, contended that Sanjay Yadav, despite his father holding the land title, was the breadwinner and involved in agricultural operations. The State's counsel argued that the deceased's primary income was not from agriculture.

The Court, comprising Justices Shekhar B. Saraf and Praveen Kumar Giri, highlighted the need for a thorough assessment of the deceased's agricultural involvement. They directed the authorities to consider all aspects, including the deceased's role as a breadwinner, before making a decision.

The judgment mandates the petitioner to submit a fresh application with comprehensive documentation to support her claim. The District Magistrate is instructed to reassess the application, taking into account the Court's observations and providing a reasoned and speaking order within eight weeks.

This ruling underscores the importance of a comprehensive evaluation of eligibility criteria for welfare schemes, ensuring that deserving families are not denied benefits due to procedural oversights.

Bottom Line:

Eligibility under the welfare scheme 'Mukhya Mantri Krishak Durghatana Kalyan Yojana' - Breadwinner family member working odd jobs during off-season of farming does not disqualify the person from benefits under the scheme - Authorities must consider all aspects, including agricultural involvement, before rejecting applications.

Statutory provision(s): Mukhya Mantri Krishak Durghatana Kalyan Yojana, Government Order dated 28.02.2020

Savita Yadav v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2795295