Allahabad High Court
Smt Premlata Pandey vs State Of U.P. And 3 Others on 29 May, 2023
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:119676-DB A.F.R. Court No. - 39 Case :- WRIT - C No. - 17575 of 2023 Petitioner :- Smt Premlata Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sudhanshu Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. By means of the present petition, the petitioner is seeking mandamus directing the respondents to release ex gratia compensation of Rs.50,00,000/- to petitioner in pursuance to the Government Order dated 11.4.2020 for the death of her husband Late Ashok Kumar Pandey (Head Constable, U.P. Police) due to COVID-19 while performing his duty.
3. Contention of learned counsel for the petitioner is that the husband of the petitioner, Late Ashok Kumar Pandey, was working as Head Constable in U.P. Police at Maharajganj. By order dated 12.11.2020 of Additional Director General, Gorakhpur Zone, Gorakhpur, U.P., he was posted at Civil Airport Gorakhpur. In pursuance of that order, husband of the petitioner had joined the services at Civil Airport Gorakhpur on 26.11.2020. While working on duty at Civil Airport Gorakhpur, he felt respiratory problem on 16.4.2021 and, thereafter on conducting medical examination he was found corona positive and subsequently, he died on 20.4.2021 due to COVID-19. It is further submitted that husband of the petitioner while working at Civil Airport Gorakhpur, he was enforcing COVID-19 protocol and involved in prevention, protection and treatment operation at airport for COVID-19. Therefore, as per Government Order dated 11.4.2020, the petitioner being the wife of deceased Ashok Kumar Pandey submitted an application for release of ex gratia compensation of Rs.50,00,000/-.
4. As per Government Order dated 11.4.2020, the required formalities were completed and the duty certificate of Superintendent of Police (Head of Department) along with certificate of Chief Medical Officer were also submitted. Thereafter, the District Magistrate, Maharajganj being the competent authority by letter dated 29.9.2021 forwarded the case of the petitioner to Additional Chief Secretary, Revenue, Government of U.P. for releasing Rs.50,00,000/- to the petitioner in view of death of her husband, Late Ashok Kumar Pandey. When no action was taken then Superintendent of Police, Maharajganj again wrote a letter dated 6.10.2021 to District Magistrate, Maharajganj for ensuring release of ex gratia compensation of Rs. 50,00,000/- to the petitioner for death of her husband, on duty. The above letter dated 6.10.2021 of Superintendent of Police, Maharajganj was followed by letter dated 23.12.2021 of Additional District Magistrate (Finance and Revenue), Maharajganj to the Secretary and Relief Commissioner of Government of U.P. for releasing the ex gratia amount to the petitioner. When no action was taken then the present petition was filed.
5. This Court by the order dated 23.5.2023 directed the respondent No.1 to file his personal affidavit explaining as to why the ex gratia compensation was not released in favour of the petitioner. In compliance of the above order of this Court, personal affidavit was filed by Sudhir Garg, Additional Chief Secretary, Revenue, Government of U.P. in which the stand was taken that husband of the petitioner was posted at Civil Airport, Gorakhpur on his request for the purpose of security and not for prevention, protection and treatment of COVID-19, therefore, considering the documents and report forwarded by the District Magistrate, Maharajganj, the committee headed by Secretary, Revenue, Government of U.P. did not approve the release of ex gratia amount of Rs. 50,00,000/- to the petitioner.
6. In the report dated 28.12.2021 of Inspector, in charge Civil Airport, Gorakhpur to Superintendent of Police, Maharajganj, it is clearly mentioned that the husband of the petitioner Late Ashok Kumar Pandey remained posted there from 29.3.2021 to 18.4.2021 with corona test team. Apart from this Superintendent of Police, Maharajganj also in his letter dated 27.5.2021 as well as letter dated 6.10.2021 has clearly mentioned that husband of the petitioner Late Ashok Kumar Pandey was posted at Civil Airport, Gorakhpur for prevention, protection and treatment of COVID-19, therefore, the petitioner is entitled for ex gratia compensation of Rs.50,00,000/- for the death of her husband Late Ashok Kumar Pandey on duty during enforcement of COVID-19 protocol.
7. Per contra, the Standing Counsel submitted that the husband of petitioner Late Ashok Kumar Pandey was deputed at Civil Airport Gorakhpur for the purpose of security and not for prevention, protection and treatment of COVID-19, therefore, the petitioner is not entitled to ex gratia compensation for the death of her husband, Head Constable Late Ashok Kumar Pandey.
8. Considering the submission of the parties and on perusal of record, we find that in the report dated 29.9.2021 which was forwarded by the District Magistrate, Maharajganj to Additional Chief Secretary, Revenue, Government of U.P., it was clearly mentioned that being the Head of Department of Head Constable Late Ashok Kumar Pandey, the Superintendent of Police, Maharajganj has duly verified his duty for COVID-19 prevention, protection and treatment. Similarly, the letter dated 28.12.2021 of Inspector, In-charge, Civil Airport Gorakhpur to Superintendent of Police, Maharajganj, clearly mentioned the posting of husband of the petitioner from 29.3.2021 to 18.4.2021 for the purpose of enforcement of COVID-19 protocol. From the Government order dated 11.4.2020, it is clear that any employee, working for prevention, protection and treatment of COVID-19, if dies during his duty then his dependents will be entitled for ex gratia compensation. Relevant extract of Government Order dated 11.4.2020 is being quoted as below:-
"2. ?????-19 ?? ??????, ????? ? ???? ???? ?? ???? ??????? ????????? ??? ?????-?? ?? ??????? ?? ????? ???? ??? ???? ??? ?????-19 ?? ??????, ????? ? ???? ???? ?? ???? ??????? ??????? ?? ?????-19 ?? ??????? ?? ?????? ?? ??? ??? ???? ???????? ?? ??????? ??????? ???? ?? ???? ????? ????? ?????? ?? ???? ?? ???????? ?? ??? 50.00 ??? ?? ??????? ??????? ?????? ???????? ???? ???? ?? ?????? ???? ??? ??? "
9. Husband of the petitioner, Head Constable Ashok Kumar Pandey while working at Civil Airport Gorakhpur was involved in enforcement of COVID-19 protocol by ensuring social distancing among the passengers as well as forcing them to undergo corona test. Admittedly, there is no other force or employees except the policemen at airport who are deputed for this specific purpose. The State cannot make artificial distinction among its employees to depriving one class of employees from getting ex gratia compensation on their death despite the fact that they had received corona infection on duty during COVID-19 period. Every policeman or other government empoyee who has been discharging his duty during COVID-19 period for enforcing COVID-19 protocol will be deemed to be performing duty for prevention and protection of COVID-19 as mentioned in Government Order dated 11.4.2020 and if he dies because of corona infection during discharge of his duty then his dependents will be entitled to receive ex gratia compensation as per Government Order dated 11.4.2020.
10. In view of the above, husband of the petitioner Late Ashok Kumar Pandey (Head Constable) while working at Civil Airport Gorakhpur was involved in the duty of prevention, protection and treatment of COVID-19, therefore, on his death, the petitioner is entitled for ex gratia compensation as per the Government order dated 11.4.2020. The respondent No.1 is directed to release the ex gratia compensation of Rs.50,00,000/- to the petitioner within a period of one month from today.
11. With the aforesaid direction, the writ petition is allowed.
Order Date :- 29.5.2023 Vandana