Manjulata Mishra vs State Of U.P. And 8 Others
2023 Latest Caselaw 24607 ALL

Citation : 2023 Latest Caselaw 24607 ALL
Judgement Date : 12 September, 2023

Allahabad High Court

Manjulata Mishra vs State Of U.P. And 8 Others on 12 September, 2023

Bench: Mahesh Chandra Tripathi, Prashant Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177152-DB
 
Court No. - 40
 
Case :- WRIT - C No. - 30995 of 2023
 
Petitioner :- Manjulata Mishra
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- A.K.S.Parihar,Birendra Singh
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Advocates are abstaining from judicial work.

2. The present writ petition has been preferred by the petitioner seeking direction to the respondents to pay the compensation of loss of her husband during election duty in COVID-19 Pandemic in light of the judgement and order passed by this Hon'ble Court in Writ C No.28249 of 2021 (Kusum Lata Yadav vs. State of UP and 4 others), reported in Supreme Today, 2022 0 Supreme(All) 708.

3. It is claimed that the husband of the petitioner was working as Teacher in Mathematics in A.B. Vidyalaya, Mall Road, Kanpur. In the month of October, 2020 various Government officials were deputed for election duty of Vidhan Sabha Up-Chunav, Ghatampur and before sending them on election duty, they had to undergo for training. It is claimed that the petitioner's husband was also undergoing training for the said election and during the said training, he was infected with Corona virus. Unfortunately he died on 07.12.2020. The petitioner being widow and legal representative of the deceased is entitled for payment of Rs.30 lacs as compensation as per Government order dated 08.5.2021 and her claim is squarely covered by the judgment and order passed in Kusum Lata Yadav's case (supra).

5. No useful purpose would be served in keeping the writ petition pending consideration.

6. Considering the facts and circumstances and without adverting on the merit of the case, this writ petition is disposed of with a direction that the Election Officer/District Magistrate, Kanpur Nagar (respondent no.4/wrongly transcribed as respondent no.7) shall take a decision in the matter of the petitioner strictly in accordance with law and taking into consideration the judgement of this Court dated 25.07.2022 passed in the case of Kusum Lata Yadav, within six weeks from the date of submission of certified copy of this order.

Order Date :- 12.9.2023

RKP