Allahabad High Court
Kanchan Lata vs State Of U.P. Thru. Addl. Chief ... on 10 August, 2023
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:53422
Court No. - 7
Case :- WRIT - A No. - 5575 of 2023
Petitioner :- Kanchan Lata
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Panchayti Raj Lko. And Another
Counsel for Petitioner :- Onkar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and Sri Rahul Shukla, learned Additional Chief Standing Counsel for the respondents.
2. With the consent of learned counsels for the parties, the writ petition is being finally decided.
3. Learned counsels for the parties contend that the facts of the case have already been set forth in the order dated 02.08.2023.
4. For the sake of convenience, the order dated 02.08.2023 is reproduced below:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 and 2.
The contention of learned counsel for the petitioner is that her husband Late Ram Murti who was working as Assistant Teacher was assigned for election duty during the COVID-19 pandemic period in the year 2021 and his duty came to an end on 02.05.2021. He died on 11.05.2021. The claim for compensation has not been found to be acceptable vide order dated 29.06.2021, a copy of which is annexure 1 to the petition, so far as it pertains to Shri Ram Murti which finds place at serial no. 16 by indicating that the deceased was not found affected by COVID-19.
Placing reliance on the Government order dated 01.06.2021, a copy of which is annexure 2 to the petition, more particularly paragraph 12, the argument of learned counsel for the petitioner is that where a person has died despite the COVID-19 test coming negative, on account of post COVID-19 complications, then his death would be deemed to be on account of COVID-19 entailing the family for compensation.
Reliance has also been placed on judgement of this Court passed in Civil Misc Review Application No. 90 of 2023 in re: State of U.P. and others vs Kusum Lata Yadav dated 28.02.2023 to argue that a division bench of this Court has held that where the death has occurred within a period of 30 days of undertaking training and on reading of paragraphs 10 and 12 of the government order dated 01.06.2021 where a death has occurred within 15 days from the date a public servant underwent training to carry out the election duty, he would be entitled for compensation.
Shri Rahul Shukla, learned Additional Chief Standing Counsel prays for and is granted a weeks' time to seek instructions in this regard.
List this case after a week as fresh."
5. From perusal of the aforesaid, it emerges that the claim of the petitioner for compensation on account of death of her husband due to COVID-2019 pandemic has been rejected by the respondents.
6. Primarily, the grounds of rejection have already been considered by the Division Bench of this Court in Civil Misc Review Application No. 90 of 2023 in re: State of U.P. and others vs Kusum Lata Yadav decided on 28.02.2023, wherein the Division Bench has also considered the Government Order dated 01.06.2021.
7. Keeping in view the aforesaid Division Bench judgment in the case of Kusum Lata Yadav (supra), it cannot be said that the order impugned dated 29.06.2021 so far as it pertains to the petitioner has been passed validly in the eyes of law. Accordingly, the impugned order dated 29.06.2021, a copy of which is Annexure-1 to the writ petition, so far as it pertains to the petitioner at serial no.16 is set-aside. The competent authority is required to consider the case of the petitioner for grant of compensation on account of death of her husband due to COVID-2019 pandemic in light of the Division Bench judgment in the case of Kusum Lata Yadav (supra).
8. Let such a decision be taken within a period of six weeks from the date of receipt of a certified copy of this order.
9. The writ petition is disposed of.
Order Date :- 10.8.2023
A. Katiyar
