Sukhoo Ram vs State Of U.P. And 3 Others
2022 Latest Caselaw 11543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 24539 of 2022
 

 
Petitioner :- Sukhoo Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Patel,Subedar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

We have heard learned counsel for the petitioner and the learned Standing Counsel for respondent nos.1 to 4.

The petitioner whose wife, namely, Shakuntala Devi, was assigned election duty in the three layer Panchayat Elections, 2021, was detected COVID-19 positive on 22.6.2021 and she died on 7.7.2021. The petitioner has set up a claim for payment of ex-gratia payment on the strength of government orders.

The learned Standing Counsel has opposed the prayer of the petitioner by inviting our attention to clause-12 of the Government Order dated June 1, 2021, as per which, the benefit of ex-gratia payment is available only in respect of those who have suffered COVID-19 infection and have died within 30 days from the date they had performed election duty. It has been submitted that it is the admitted case of the petitioner that his wife performed election duty on 19.4.2021 whereas she was detected COVID-19 positive on 22.6.2021 i.e. much after expiry of 30 days therefore, the petitioner is not entitled to ex-gratia payment under the Government Order dated June 1, 2021.

In response to the objection taken by the learned Standing Counsel, the petitioner has invited our attention to a decision of a co-ordinate Bench of this Court dated July 25, 2022 in Writ-C No. 28249 of 2021 (Kusum Lata Yadav Vs. State of U.P. and four others) connected with several other petitions, wherein the Court had read down paragraph 12 of the Government Order dated June 1, 2021 so as to cover two situations; (a) where the death had occurred due to COVID-19 within a period of 30 days of election duty or/ and (b) where the person concerned was detected COVID-19 positive within 30 days of election duty though he may have died later.

The judgment which has been cited by the learned counsel for the petitioner would not save the claim of the petitioner, inasmuch as, in the instant case the wife of the petitioner was found COVID-19 positive not within 30 days of election duty but much thereafter, therefore, the petitioner's claim for ex-gratia payment on the strength of Government Order dated June 1, 2021 is not maintainable.

The petition is, accordingly, dismissed.

Order Date :- 29.8.2022

M. Tarik