Smt. Neelam Singh vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 11168 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 5586 of 2022
 

 
Petitioner :- Smt. Neelam Singh
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Panchayati Raj Govt. U.P. Civil Secrt. Lko. And Ors
 
Counsel for Petitioner :- Ram Nath Pandey,Harendra Prasad Singh,Santosh Mishra
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for petitioner, learned Standing Counsel for the State-respondents and Sri Rohit Tripathi, learned counsel for State Election Commission.

By means of this petition, a prayer has been made to quash the Government Order dated 01.06.2021 which provides that benefit of ex-gratia payment in the case of death on duty on account of COVID-19 shall be made available in case death occurs within 30 days from the election duty. The petitioner has also challenged the order dated 03.05.2022 passed by the District Magistrate/District Election Officer, Ambedkar Nagar whereby claim of ex-gratia payment put forth by the petitioner has been rejected.

There is an agreement at the Bar that subject matter of this petition is no more res integra as the same has been decided by means of the order dated 25.07.2022 passed by a coordinate Bench of this Court in a bunch of writ petitions, leading writ petition being Writ-C No.28249 of 2022; Kusum Lata Yadav vs. State of U.P. and others.

Accordingly, this petition is also disposed of in terms of the judgement and order dated 25.07.2022 passed by this Court in Writ-C No.28249 of 2022 and connected petitions. The District Magistrate/District Election Officer, Ambedkar Nagar is, thus directed to consider the claim of the petitioner in accordance with law and also taking into account the aforementioned judgment of this Court dated 25.07.2022 passed in Writ-C No.28249 of 2022, within a period of two months from the date of production of a certified copy of this order.

We also direct that the petitioner shall put forth her claim afresh and while making application for the said purpose she shall also enclose copy of the judgment dated 25.07.2022 as aforesaid. The District Magistrate/District Election Officer shall thereupon take a decision as directed above without being influenced by the order dated 03.05.2022, which has been annexed as annexure no.2 to the writ petition. The decision so taken by the District Magistrate/District Election Officer, Ambedkar Nagar shall be communicated to the petitioner.

Order Date :- 24.8.2022

Renu/-