GATAKALA VENKATESWARLU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed a writ petition under Article 226 of the Constitution of India which is in the nature of a recovery claim on account of the failure of the respondents to take necessary steps for forwarding the application of the petitioner for compensation to the United Nations Compensation Commission (hereinafter referred to as 'UNCC').

(2.) The petitioner is a Chartered Accountant and shifted to Kuwait in 1980. The petitioner was working as the Financial Controller in Alghanin Industries when Iraq occupied Kuwait in August, 1990. The petitioner claims that he and his wife had to leave behind all belongings and through Jordan came to Bombay in September, 1990. On normalcy being restored in Kuwait, the petitioner returned in June, 1991 but during this period from September, 1990 to June, 1991 was unemployed in India.

(3.) The UNCC was authorised to go into the claims for compensation of residents of Kuwait. Procedures were prescribed for making such claims. The petitioner was entitled to claim 'A' and 'C'. Claim 'A' was standard compensation of US$ 2,500 while claim 'C' was for damages and losses of personal effects, property and income up to a total of US$ 1,000. The petitioner submitted both the claims to the Embassy of India at Kuwait. The Ministry of External Affairs, respondent, had set up a Special Kuwait Cell at New Delhi which was to receive all the claims from the Embassy in Kuwait, process them and thereafter forward them to the UNCC for approval and settlement. The petitioner is stated to have filed both the claims on 28.10.1992. The petitioner has filed the Acknowledgment Receipt of the Embassy of India, Kuwait where both claim 'A' and 'C' have been ticked.