Allahabad High Court
Kumari Priyanka(Minor) And Another vs State Of U.P. And 5 Others on 25 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 39 Case :- WRIT - C No. - 6613 of 2022 Petitioner :- Kumari Priyanka(Minor) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jaysingh Yadav Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Attau Rahman Masoodi,J.
Hon'ble Vikram D. Chauhan,J.
By means of this writ petition, the petitioners who, being minor have approached this Court for the relief as under:
"(a) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release Ex-gratia payment in favour of the petitioners which is related to their father Late Raj Bahadur Singh.
(b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to decide and consider representation dated 08.11.2021 of the petitioners with regard to providing Ex-gratia payment in favour of the petitioners related to their father Late Raj Bahadur Singh."
The brief facts of the case are that father of the petitioners late Raj Bahadur Singh was an Assistant Teacher posted in district Lalitpur. The father of the petitioners contracted Covid-19 while he was on election duty w.e.f. 29.2.2020 to 2.5.2021. This position is evident from the certificate issued by Tehsildar, Mahrauni, District Lalitpur on 15.6.2021 contained in Annexure-7 to the writ petition.
The State Government vide government order dated 1.6.2021 brought out a policy of ex gratia payment in relation to those who while on election duty passed away due to Covid-19. A complete procedure was provided for the dependents of such persons to apply for the payment of ex gratia amount. The paragraph-14 of government order dated 1.6.2021 being relevant is reproduced as under:
"मृतक कर्मी के परिवार जन अथवा कर्मी के विभाग के जनपद स्तरीय अधिकारी द्वारा URL: 52.172.201.183/P Election /ElectionDutyExgratia पर जाकर Apply for exgratia" पर आवेदन किया जा सकता है। आवेदक द्वारा निर्वाचन ड्यूटी आर्डर की प्रति, कोविड -19 से संक्रमण का प्रमाण-पत्र, मृत्यु प्रमाण-पत्र एवं मृतक का एक फोटोग्राफ आवेदन के साथ अपलोड किया जायेगा। आवेदन दिनांक 15. 8. 2021 सांयकाल 6. बजे तक किया जायेगा।"
The petitioners' father died on 26.4.2021 when both the petitioners were minor. Nevertheless they approached the Basic Shiksha Adhikari, Lalitpur through a representation dated 19.6.2021 for uploading their claim as per the procedure provided for under the government order referred to above.
The Basic Shiksha Adhikari instead of uploading the claim of the petitioners, referred the case to the District Magistrate for necessary action. The District Magistrate who ought to have registered the claim of the petitioners rather failed to upload the petitioners' claim alongwith the requisite formalities before 22.6.2021 in terms of the scheme brought out vide government order dated 1.6.2021.
The petitioners being minors have been running from pillar to post since 19.6.2021 for the payment of ex gratia amount in terms of the policy floated by the State. It appears that while pursuing the claim, a public-spirited person viz Bhagwan Singh noticed the difficulties coming in the way of minors, as such, he approached the competent court for his appointment as a legal guardian. The proceedings for this purpose were initiated before the court of Principal Judge, Family Court at Lalitpur through Misc. Civil Case No. 12 of 2021. The proceedings were finally decided by judgement and order dated 27.8.2021 as contained in Annexure-11 to the writ petition. Since the date of appointment of the legal guardian, the matter is being pursued on behalf of the petitioners through their legal guardian, namely, Bhagwan Singh son of Hukum Singh resident of Village Kakrela, Post Kailguwan, Pargana and Tehsil Mahrauni, District Lalitpur.
Representations have repeatedly been made by the petitioners through their legal guardian but none of them has evoked any response. The petitioners having failed to seek the redressal of their grievance have ultimately invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for the prayer extracted hereinabove.
Having regard to the facts and circumstances set out in the writ petition, we are constrained to observe that it is a fit case where the State authorities ought to have responded at the earliest and without fail. The petitioners are minor. Both of them are stated to be pursuing their education and their parents have died particularly the father who contracted Covid-19 during election duty and was covered within the scope of government order dated 1.6.2021.
Cases of this description must not be lingered on and sympathetic consideration must be shown by the competent authorities who, we are convinced, have failed in the present case to discharge their duties in the true spirit of the policy brought out by the State Government. The dereliction of duty on the part of the State authorities in such cases cannot be viewed lightly and we expect the departmental action to be taken up against the erring officers.
Having regard to the material placed on record, we are satisfied that a case for consideration of the petitioners' claim is made out irrespective of the fact that the State authorities have failed to upload their application on the web portal in the manner as provided under the scheme of the government order.
We hereby relax the procedural lapse of uploading the claim alongwith requisite formalities on or before 15.6.2022 upto 6 pm in the peculiar facts and circumstances of the case and direct the District Magistrate, Lalitpur to proceed with the petitioners' claim in terms of the relevant government order. The petitioners may submit the necessary documents in support of their claim, if so required, within a period of two weeks from today and in case formalities are fulfilled, the District Magistrate, Lalitpur shall proceed to consider their claim expeditiously and preferably within a period of two months from the date of making the application alongwith the requisite documents. The payment allowed, if any, shall be kept in an interest bearing fixed deposits equally in the names of the petitioners with a nationalised bank so that the necessary expenses for their education and living are met out of the interest earned thereon. The amount so deposited if required for any extraordinary need of the petitioners may not be withdrawn except under an order passed by the District Magistrate who shall monitor the welfare of the petitioners through the legal guardian appointed by the Court.
The District Magistrate is expected to monitor the welfare of the petitioners till they attain the age of majority. The District Legal Services Authority, Lalitpur shall render due services in pursuing the proceedings to ensure compliance of the order passed by this Court and report the outcome thereof to the Registrar General, Allahabad High Court. Needless to say that the petitioners shall be entitled to free legal aid without applying for the same.
Let a copy of this order be forwarded to the Secretary, District Legal Services Authority, Lalitpur forthwith.
The writ petition is accordingly allowed.
It may be clarified that this order has been passed looking to the peculiar facts and circumstances of the present case and the same shall not be taken to be a precedence.
Order Date :- 25.4.2022 Fahim/-