Allahabad High Court
Kumari Priyanka And Another vs State Of U.P. And 2 Others on 18 August, 2022
Bench: Sangeeta Chandra, Gajendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 23463 of 2022
Petitioner :- Kumari Priyanka And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shivam Yadav,Jaysingh Yadav
Counsel for Respondent :- CSC,Kaushlesh Pratap Singh
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the petitioners, who are minor and children of Late Raj Bahadur Singh.
2. Petitioners have approached this Court through their legal guardian Bhagwaan Singh, who is the brother of Late Raj Bahadur Singh.
3. The case of the petitioners is that they had initially approached this Court in Writ C No.6613 of 2022: Kumari Priyanka (Minor) and Another Vs. State of U.P. and five others, for payment of ex-gratia compensation for death of their father who was performing election duty in 3 Tier Local Bodies Election held in the month of April, 2021 to May, 2021. The Court considered in detail the plight of the petitioners and the Government order dated 01.06.2021 and relaxed the procedural requirement of uploading the claim along with requisite formalities on or before 15.06.2022 and directed the District Magistrate Lalitpur to process the petitioners' claim in terms of the relevant Government Orders and pass appropriate orders on the petitioners' claim as expeditiously as possible.
3. Now by the impugned order dated 14.06.2022, the claim of the petitioners have been rejected by the District Magistrat Lalitpur by placing reliance upon a letter sent dated 09.06.2022 by the Additional Chief Secretary Panchayati Raj, Government of U.P., wherein it had been informed to him that Late Raj Bahadur Singh, Assistant Teacher, Basic Siksha, had not performed any election duty during the Panchayat Elections of 2021.
4. It has been submitted by learned counsel for the petitioners that petitioners' father was issued letter/ identity card on 29.02.2020 appointing him to be Booth Level Officer for Revision of voter list for Mahrauni Tehsil and Gram Panchayat Meaav. A copy of such order issued by the State Election Commission has been filed as Annexure-2 to the writ petition.
5. Learned counsel for the petitioners has also placed reliance upon another duty chart issued by the District Magistrate/ District Election Officer for Panchayats and Urban Local Bodies Lalitpur on 24.04.2022 showing the petitioners' father Late Raj Bahadur Singh as Matgadna Sahayak-II for voting to be held in Primary School at Meaav on 29.04.2020. He has also placed reliance upon information supplied by the Public Information Officer to the brother of Late Raj Bahadur Singh on 15.06.2021 from the office of Tehsil Mehrauni showing that Late Raj Bahadur Singh had performed duties of revision of electoral list as Booth Level Officer with effect from 01.10.2020 to 05.04.2021 and he was issued letter appointing him as Booth Level Officer on 29.02.2020.
6. Learned counsel for the petitioners has also placed reliance upon a judgement rendered by Division Bench of this Court dated 25.07.2022 passed in Writ-C No.28249 of 2021: Kusum Lata Yadav Vs. State of U.P. and four others, as well as connected matters.
7. It has been submitted by learned counsel for the petitioners that after performing the revision of voter list as Booth Level Officer from 01.10.2020 to 05.04.2021, the father of the petitioners was infected with Covid-19 and his RTPCR report is dated 18.04.2021 and he died within eight days thereafter i.e. on 26.04.2021 therefore he could not attend his duty as Matgadna Sahayak-II on 29.04.2021. The respondents while rejecting the case of the petitioners has only taken into account the last day on which the voting has taken place i.e. 02.05.2021 but have not taken into account the duty performed earlier as Booth Level Officer for revision of voter list by the father of the petitioner. They have also not taken into account Clause 12 of the Government Order dated 01.06.2021 which specifically provides that an employee while performing election duty may die either due to Covid or due to Covid related complications within 30 days and benefit of ex-gratia compensation shall also be extended to his dependent treating him to be died from Covid during election proceeding.
8. This Court after hearing the learned counsel for the petitioners has gone through the impugned order and finds that the District Magistrate Lalitpur has unfortunately taken a hypertechnical view of the matter. He has not considered the entire duty performed by the father of the petitioners.
9. The Order dated 14.06.2022 is set aside. The petitioners shall make a fresh representation annexing therewith a copy of the judgment rendered by the Division Bench in Writ-C No.28249 of 2021: Kusum Lata Yadav Vs. State of U.P. and four others. The District Magistrate Lalitpur shall consider the duty that was performed by Late Raj Bahadur Singh as Booth Level Officer for revision of voter list and take an appropriate decision within a period of eight weeks from the date a copy of this order is produced before him.
10. The writ petition is accordingly allowed.
Order Date :- 18.8.2022
Rahul
