Allahabad High Court
Ranjeeta Datal vs State Of U.P. And 4 Others on 22 March, 2023
Bench: Surya Prakash Kesarwani, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - C No. - 36399 of 2022
Petitioner :- Ranjeeta Datal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Prashant Kumar Bhardwaj,Neetu Singh,Sushil Kumar Srivastava
Counsel for Respondent :- C.S.C.,Ashutosh Mishra
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
Heard Sri Prashant Kumar Bhardwaj, learned counsel for the petitioner, Sri Virendra Kumar Gupta, learned Standing Counsel for the respondent no.1 and 2, Sri Ashutosh Mishra, learned counsel for the respondent no.3 and Sri Imran Sayeed, learned Advocate holding brief of Sri Tarun Agarwal, learned counsel for the newly impleaded respondent no.6-State Election Commission.
Order on Civil Misc. Amendment Application No. NIL of 2023 dated 21.3.2023.
The aforesaid amendment application has been filed by the petitioner pursuant to the order of this Court dated 17.3.2023.
Learned counsel for the respondents have no objection to the aforesaid amendment application.
The amendment application is allowed. Necessary amendment be carried out during the course of the day.
Office is directed to allot a regular number to the amendment application.
Order on Writ Petition
This writ petition has been filed praying to quash the order dated 01/09/2022 passed by the District Magistrate, Rampur rejecting the claim of the petitioner for ex gratia payment on account of death of her husband, namely, Jagat Singh Datal due to COVID-19. The reasons recorded for rejection of the claim is that application for ex gratia payment on account of death of aforesaid Jagat Singh Datal was submitted beyond 30 days of the election duty.
With the consent of learned counsel for the parties, this writ petition is being finally decided without calling for a counter affidavit.
Undisputedly, the petitioner's husband was posted as Senior Branch Manager, U.P. Sahkari Gram Vikas Bank Limited, Swar Branch, District Rampur. He was deputed on election duty as Presiding Officer by order of the District Election Officer dated 04.04.2021. Under the said order, the petitioner's husband went on training on 10.04.2021 at Mandi Samiti, Bilaspur and while he was on election duty, some symptoms of COVID-19 appeared and as such on 14.04.2021 he was returned. According to the petitioner, the Rapid Antigen Test was carried out of her husband and he tested positive. Thereafter, RT-PCR test was conducted and the report was received on 26.4.2021 in which samples of the petitioner's husband was found COVID positive. He underwent treatment in the Medicity Hospital, Rudrapur and ultimately died on 14.5.2021 due to COVID-19. The ground for rejection of the application of the petitioner for ex gratia payment by the respondent no.2/District Magistrate/District Election Officer, District Rampur is in conflict with the law laid down by a coordinate Bench of this Court vide judgement dated 25.07.2022 passed in Writ C No. 28249 of 2021 (Kusum Lata Yadav vs. State Of U.P. And 4 Others). Paragraph 20 of the aforesaid judgment is reproduced below:-
"20. This Court would thus reject the argument of the State to approach the issue at hand purely on the basis of scientific principles as portrayed on the strength of some publication in the Lancet Journal and expect the State to implement the impugned clause of Government Order dated 1st June, 2021 without discriminating between the deaths of asymptomatic and symptomatic cases on the yardstick of 30 days from the date of election duty. It must be read beneficially for those cases too which were detected within 30 days and in that event, the date of death would become immaterial once it is on account of COVID-19."
Since the impugned order is in conflict with the judgement of this Court as aforequoted, we quash the impugned order dated 01.09.2022 passed by the respondent no.2 and a direction is issued to the respondent no.2-District Magistrate-cum-District Election Officer, District Rampur to pass a fresh order in accordance with law and in the light of the observation made above within four weeks from the date of submission of a certified copy of this order before him.
In the event, recommendation is made by the respondent no.2 for payment of ex gratia amount to the petitioner, then in that case, the competent authority shall ensure the payment of ex gratia amount to the petitioner within next one month.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 22.3.2023
Kirti
