Allahabad High Court
Kripa Shankar Yadav vs State Of U.P. And 2 Others on 5 April, 2023
Bench: Mahesh Chandra Tripathi, Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 10009 of 2023
Petitioner :- Kripa Shankar Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- P.K. Upadhyay,Vikram Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner and Mrs. Shubhra Singh, learned Standing Counsel for the State.
Present writ petition has been preferred for a direction to the respondent authorities to release the ex-gratia payment to the petitioner pursuant to the recommendation dated 9.12.2022 made in the order dated 16.1.2023 passed by the respondent no. 2 alongwith 18% interest.
Learned counsel for the petitioner states that the petitioner's wife Sarita Yadav was an Assistant Teacher who died in election duty during Covid-19 Pandemic. Her claim for ex-gratia payment has already been acknowledged but till date no payment has been made to petitioner.
Learned counsel for the petitioner has placed reliance upon a judgment of this Court dated 25.7.2022 passed in Writ-C No. 28249 of 2021 (Kusum Lata Yadav Vs. State of U.P. and 4 others), wherein the Division Bench has allowed the Writ Petition and the Opposite Parties were directed to release the ex-gratia payment to the dependents entitled thereto within a period of one month, failing which the claims so allowed shall be made good inclusive of simple interest @ 9% per month from the date of judgment upto the date of actual payment.
We have also occasion to peruse the record and find that the petitioner has earlier approached this Court by filing Writ-C No. 18767 of 2021 (Kripa Shanaker Yadav Vs. State of U.P. and 5 others) which was disposed of vide order dated 27.9.2022 with a direction to the respondent District Magistrate, Jaunpur to address the claim of the petitioner for ex-gratia amount as per the provisions of the Government Order dated 1.6.2021. It is contended that even though in response to the Division Bench order the claim of the petitioner has already been processed and it was held that the petitioner is entitled for ex-gratia payment in lieu of the Government Order dated 1.6.2021 but till date the actual payment has not been made to him. Only on account of non-payment, the petitioner has to approach once again this Court for redressal of his grievance.
Mrs. Shubhra Singh, learned Standing Counsel, on the instructions, submits that the amount in question is to be released in favour of petitioner after receiving the grants from the State Government.
Considering the facts and circumstances of the case, we direct respondent no.2-District Magistrate Jaunpur to provide compensation/ exgratia to the petitioner expeditiously and preferably within six weeks from the date of production of certified copy of this order, failing which the petitioner will be entitled for 9% simple interest as provided in the order dated 25.7.2022 passed in Writ-C No.28249 of 2021, from the date of order till the actual payment.
Order Date :- 5.4.2023
n.u.
