Shahin Begum vs State Of U.P. And 3 Others
2023 Latest Caselaw 22796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169253-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 27511 of 2023
 

 
Petitioner :- Shahin Begum
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Awadhesh Kumar Malviya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Surendra Singh-I,J.

1. Heard learned counsel for the petitioner and Sri S.C.Upadhyay, learned Standing Counsel for the State-respondent.

2. Petitioner is before this Court for a mandamus commanding the respondents to release the declared aid amount by the State Government in favour of the petitioner within stipulated time on account of death of her husband during Covid-19 pandemic.

3. Learned counsel for the petitioner submits that husband of the petitioner, namely, Waris Khan was working as Clerk in M.A.H. Inter College since 16.10.1992. He was on duty in the election of Gram Panchayat at Swami Sahjanand Post Graduate College in the year 2021 during Covid-19 pandemic. During course of election duty, he has been infected by Covid-19 and ultimately, he died on 25.4.2021. Thereafter, the petitioner made a representation to the respondent authorities to provide the declared aid amount by registered post on 6.4.2022 but till date no action has been taken by the respondents. In support of his submissions, learned counsel for the petitioner has placed reliance upon the judgment and order 25.7.2022 passed by the coordinate Bench of this Court in bunch of the matters leading Writ C No. 28249 of 2021 (Kusum Lata Yadav Vs. State of U.P. and 4 Others) and as such, it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.

4. The above said argument of learned counsel for the petitioner is not being disputed by learned Standing Counsel.

5. In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally asking the competent authority to decide the claim of the petitioner strictly in accordance with law and in the light of Kusum Lata Yadav (supra) expeditiously and preferably within two months from the date of production of a certified copy of this order.

Order Date :- 22.8.2023

A.K.Srivastava