Amar Nath vs State Of U.P. Thru. Addl.Chief ...
2023 Latest Caselaw 6879 ALL

Citation : 2023 Latest Caselaw 6879 ALL
Judgement Date : 2 March, 2023

Allahabad High Court

Amar Nath vs State Of U.P. Thru. Addl.Chief ... on 2 March, 2023

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 29106 of 2021
 

 
Petitioner :- Amar Nath
 
Respondent :- State Of U.P. Thru. Addl.Chief Secy. Panchayat Raj And Others
 
Counsel for Petitioner :- Karm Veer Yadav,Mool Chand Sahani
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The present petition has been filed challenging the order dated 31.08.2021 passed by opposite party no.6 where by the request of the petitioner for grant of ex-gratia amount on account of death of the wife of the petitioner who died during Covid-19 has been rejected on the ground that the death had occurred after 30 days of the duty.

Learned counsel for the petitioner drew my attention to the Judgment of this Court in the case of Kusum Lata Yadav vs. State of U.P. and 4 others in Writ-C No.28249 of 2021 decided on 25.07.2022 and the Judgment of this Court in the case of Indrawati Gupta vs. State of U.P. and Ors. in Writ A No.25311 of 2021 decided on 17.02.2023 wherein similar issue was considered by this Court and the Court had issued directions for payment of the claim of the ex-gratia it was held by the Court that claim of the petitioners could not be rejected on the ground that the death had occurred after 30 days of the duty.

Thus, following the said Judgments, the impugned order is set aside directing the respondent no.4 to pass a fresh order on the claim of the petitioner considering the documents placed by the petitioner. It is made clear that same shall not be rejected on the ground that the death had occurred after 30 days of the duty while passing the fresh order the Judgments of this Court in Kusum Lata Yadav (supra) and Indrawati Gupta(supra) shall also be considered, a fresh order shall be passed within a period of three months from today.

Accordingly, the writ petition stands allowed.

Order Date :- 2.3.2023

Piyush/-