A Division Bench of Allahabad High Court comprising of Justice Siddhartha Varma and Justice Ajit Kumar has expressed that the compensation must be at least Rs.1,00,00,000/- (1 Crore) to compensate the loss of life of the bread earner of the family of polling officers who succumbed to Covid-19 while performing their duty in UP Panchayat Elections.
The Court while dealing with a Public Interest Litigation has observed that,
“It is not a case that somebody volunteered to render his/ her services during election but it was all made obligatory to those assigned with election duty to perform their duties during election even while they showed their reluctance. The amount of the compensation, in our considered opinion, is very less.”
It has been submitted before the court that the amount decided by Government was too meager an amount looking to the threat of pandemic which was well known to the State Government as well as State Election Commission and yet the teachers, investigators and Shiksha Mitras were forced to take risk.
The Court has said that,
“To compensate the loss of life of the bread earner of the family and that too because of the deliberate act on the part of the State and State Election Commission to force them to perform duties in the absence of RTPCR support, the compensation must be at least to the tune of Rs.1,00,00,000/-.”
In last, the court has expressed that,
“We hope that the State Election Commission and 10 Government will rethink over the amount of the compensation and come back to us on the next date fixed.”
The present matter has been listed on 17th May, 2021 by Court for next hearing.
Case Details:
Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 574 of 2020
Petitioner: - In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive
Respondent: - State of U.P.
Counsel for Petitioner: - Gaurav Kumar Gaur, Abhinav Gaur and others
Counsel for Respondent :- C.S.C., Arun Kumar, Ashish Mishra and others
Bench: Justice Siddhartha Varma and Justice Ajit Kumar
Read order:
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