High Court

Petitioner :- Smt. Savitri Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayati Raj U.P. Govt. Lko. And Others Counsel for Petitioner :- Manvendra Verma,Kamini Gautam Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

1. Heard Shri Manvendra Verma, learned Counsel for the petitioner and Shri Raghvendra Kumar Singh, learned Brief Holder for the State.

2. By means of this petition, the petitioner-widow aged about 32 years has challenged an order dated 09.06.2023 passed by the District Magistrate, Lakhimpur Kheri declining her claim to Ex-gratia payment of Rs.30,00,000/- under the Government Order dated 01.06.2021 on the ground; firstly that her application was not submitted by 15.06.2022, secondly, RTPCR/ Covid-19 Positive Report was not available which was necessary in view of paragraph No.12 of the aforesaid Government Order dated 01.06.2021 to prove death by Covid-19 Infection.

3. The undisputed facts of the case are that the husband of the petitioner was deputed as Presiding Officer for the Panchayati Raj Elections-2021 and was on duty for the said purpose on 15.04.2021.

4. As per the petitioner, her husband was admitted in the District Hospital, Lakhimpur Kheri on account of Covid-19 Infection and died in the aforesaid Hospital on 01.05.2021. There are medical documents such as Bed Head Ticket etc. on record, of the date 01.05.2021, relating to District Hospital, Lakhimpur Kheri wherein petitioner's husband-Late Ram Kumar was admitted and the said documents reveal that he died at about 11:10 A.M. on 01.05.2021. The petitioner-widow applied for an Ex-gratia payment under the aforesaid Government Order dated 01.06.2021 only on 11.08.2021 though, the last date for the said purpose was 15.06.2022. The petitioner had earlier filed a writ petition bearing Writ C No. 4395 of 2023 seeking disposal of her claim for Ex- gratia amount, which was disposed of on 29.05.2023 in the following terms:- "Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. Let the claim of the petitioner for grant of ex-gratia amount consequent to the death of her husband on 01.05.2021 as alleged while he had been assigned and was performing election duties be considered in terms of Government Order dated 01.06.2021 and decided by opposite party no. 3 within a period of two months months by passing a reasoned order. With the aforesaid observations/directions, the writ petition is disposed of."

5. In pursuance thereof, the impugned order dated 09.06.2023 has been passed. In the counter affidavit, the State has denied the claim of the petitioner on the grounds mentioned in the impugned order as noticed hereinabove. The same grounds have been reiterated by learned Brief Holder for the State-Shri Raghvendra Kumar Singh.

6. It is undisputed that the petitioner's husband was assigned election duty on 15.04.2021, therefore, he must have come into contact with the public at large, who had come to vote or were involved in the election process. That was a time when COIVD-19 pandemic was rampant, that is why Government Order dated 01.06.2021 was issued for providing ex-gratia amount of Rs.30,00,000/- to such personnel, who had been assigned election duty. Therefore, the fact that the petitioner's husband was assigned election duty is a relevant factor to be kept in mind while deciding the writ petition.

7. When we peruse the records of the writ petition, we find, as noticed hereinabove, the Bed Head Ticket to have been annexed as Annexure No.4 to the writ petition which bears the date of death 01.05.2021 and it mentions-"breath issue', the SPO2 is mentioned as 36%. The medicines and treatment which were prescribed to the patient while he was admitted in Hospital are mentioned therein as under:- "Rx inj Rantac inj Dexametha Sona/Dexa inj Deriphyllin inj Aminophylline inj Primacort inj N.S. O2 In Inhalation"

8. Part of Annexure No.4 at page No.25 of the writ petition is also part of medical documents of District Hospital, Lakhimpur Kheri which have not been denied in the counter affidavit which mentions-"pulse-Not found", "B.P.-Not detected" "Respiratory Rate-Gasping". This is when the patient was alive, thereafter, there is a noting at page No.28 of the writ petition regarding the same parameters after his death.

9. It is common knowledge that 01.05.2021 was a date when Covid-19 Infection was at its peak in the Country, specially in this part. The symptoms noticed in the medical documents i.e. gasping, pulse not found etc., as also the endorsements on the Bed Head Ticket i.e. breath issue and SPO2-36% as also the treatment, apart from the medicines prescribed i.e. O2 Inhalation, points towards the patient suffering from Covid-19 Infection.

10. It is also common knowledge that sometime the said infection was Asymptotic. This fact in fact is also mentioned in the Government Order dated 01.06.2021 itself and that is why in paragraph No.12 apart from mentioning the necessity of RTPCR Positive Test Report, Blood Report and C.T. Scan, it is also mentioned in the same vein that, in certain circumstances the test may be negative yet the death could have been caused by post Covid-19 complications and therefore, if the death has occurred within 30 days' of the election duty then the person would be found eligible for payment of Ex-gratia amount.

11. If the RTPCR report was negative, even then, if the death had occurred within 30 days, the benefit had to be granted, therefore, as a logical corollary merely because the RTPCR report was not available, it cannot be inferred that the patient was not infected with COVID-19, specially as he had come in contact with crowd of people during election duty, there were other documents on record, as discussed herein above, which were clearly pointing towards the fact that the husband of the petitioner had symptoms and was given treatment for COVID-19. The fact that he had breathlessness, his SPO2 was 36% and also as O2 inhalation was advised, apart from the other medicines prescribed, itself is a pointer towards the aforesaid, therefore, a hyper technical approach should not have been adopted by the opposite parties while considering the claim of the petitioner, rather, the object of the impugned order and the provisions contained therein should have been kept in mind. Thus, the reason that RTPCR positive test report etc. was not available, is not tenable for denying the claim of the petitioner in view of the documentary evidence, such as the medical documents on records and the symptoms as noticed herein above.

12. Looking into the entire facts and circumstances of the case and considering that the petitioner is a widow and therefore, merely because she could not apply by 15.06.2022 would hardly be a reason to deny her the benefit, if she is otherwise entitled to it, therefore, this reason given in the impugned order is set aside purely in the facts of this case.

13. For all these reasons, we find the impugned order to be unsustainable purely in the facts of this case, we, accordingly quash it and allow the writ petition and direct the State Government to pay Rs.30,00,000/- to the petitioner in pursuance to the beneficial policy of the Government to provide succour to dependents of persons who had been assigned elections duty etc., and died within 30 days' for such assignment. This payment shall be made by the opposite party No.1 within a period of one month from the date a certified copy of this order is placed before it. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 22.4.2025 -Piyush-

Petitioner :- Smt. Savitri Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayati Raj U.P. Govt. Lko. And Others Counsel for Petitioner :- Manvendra Verma,Kamini Gautam Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

1. Heard Shri Manvendra Verma, learned Counsel for the petitioner and Shri Raghvendra Kumar Singh, learned Brief Holder for the State.

2. By means of this petition, the petitioner-widow aged about 32 years has challenged an order dated 09.06.2023 passed by the District Magistrate, Lakhimpur Kheri declining her claim to Ex-gratia payment of Rs.30,00,000/- under the Government Order dated 01.06.2021 on the ground; firstly that her application was not submitted by 15.06.2022, secondly, RTPCR/ Covid-19 Positive Report was not available which was necessary in view of paragraph No.12 of the aforesaid Government Order dated 01.06.2021 to prove death by Covid-19 Infection.

3. The undisputed facts of the case are that the husband of the petitioner was deputed as Presiding Officer for the Panchayati Raj Elections-2021 and was on duty for the said purpose on 15.04.2021.

4. As per the petitioner, her husband was admitted in the District Hospital, Lakhimpur Kheri on account of Covid-19 Infection and died in the aforesaid Hospital on 01.05.2021. There are medical documents such as Bed Head Ticket etc. on record, of the date 01.05.2021, relating to District Hospital, Lakhimpur Kheri wherein petitioner's husband-Late Ram Kumar was admitted and the said documents reveal that he died at about 11:10 A.M. on 01.05.2021. The petitioner-widow applied for an Ex-gratia payment under the aforesaid Government Order dated 01.06.2021 only on 11.08.2021 though, the last date for the said purpose was 15.06.2022. The petitioner had earlier filed a writ petition bearing Writ C No. 4395 of 2023 seeking disposal of her claim for Ex- gratia amount, which was disposed of on 29.05.2023 in the following terms:- "Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. Let the claim of the petitioner for grant of ex-gratia amount consequent to the death of her husband on 01.05.2021 as alleged while he had been assigned and was performing election duties be considered in terms of Government Order dated 01.06.2021 and decided by opposite party no. 3 within a period of two months months by passing a reasoned order. With the aforesaid observations/directions, the writ petition is disposed of."

5. In pursuance thereof, the impugned order dated 09.06.2023 has been passed. In the counter affidavit, the State has denied the claim of the petitioner on the grounds mentioned in the impugned order as noticed hereinabove. The same grounds have been reiterated by learned Brief Holder for the State-Shri Raghvendra Kumar Singh.

6. It is undisputed that the petitioner's husband was assigned election duty on 15.04.2021, therefore, he must have come into contact with the public at large, who had come to vote or were involved in the election process. That was a time when COIVD-19 pandemic was rampant, that is why Government Order dated 01.06.2021 was issued for providing ex-gratia amount of Rs.30,00,000/- to such personnel, who had been assigned election duty. Therefore, the fact that the petitioner's husband was assigned election duty is a relevant factor to be kept in mind while deciding the writ petition.

7. When we peruse the records of the writ petition, we find, as noticed hereinabove, the Bed Head Ticket to have been annexed as Annexure No.4 to the writ petition which bears the date of death 01.05.2021 and it mentions-"breath issue', the SPO2 is mentioned as 36%. The medicines and treatment which were prescribed to the patient while he was admitted in Hospital are mentioned therein as under:- "Rx inj Rantac inj Dexametha Sona/Dexa inj Deriphyllin inj Aminophylline inj Primacort inj N.S. O2 In Inhalation"

8. Part of Annexure No.4 at page No.25 of the writ petition is also part of medical documents of District Hospital, Lakhimpur Kheri which have not been denied in the counter affidavit which mentions-"pulse-Not found", "B.P.-Not detected" "Respiratory Rate-Gasping". This is when the patient was alive, thereafter, there is a noting at page No.28 of the writ petition regarding the same parameters after his death.

9. It is common knowledge that 01.05.2021 was a date when Covid-19 Infection was at its peak in the Country, specially in this part. The symptoms noticed in the medical documents i.e. gasping, pulse not found etc., as also the endorsements on the Bed Head Ticket i.e. breath issue and SPO2-36% as also the treatment, apart from the medicines prescribed i.e. O2 Inhalation, points towards the patient suffering from Covid-19 Infection.

10. It is also common knowledge that sometime the said infection was Asymptotic. This fact in fact is also mentioned in the Government Order dated 01.06.2021 itself and that is why in paragraph No.12 apart from mentioning the necessity of RTPCR Positive Test Report, Blood Report and C.T. Scan, it is also mentioned in the same vein that, in certain circumstances the test may be negative yet the death could have been caused by post Covid-19 complications and therefore, if the death has occurred within 30 days' of the election duty then the person would be found eligible for payment of Ex-gratia amount.

11. If the RTPCR report was negative, even then, if the death had occurred within 30 days, the benefit had to be granted, therefore, as a logical corollary merely because the RTPCR report was not available, it cannot be inferred that the patient was not infected with COVID-19, specially as he had come in contact with crowd of people during election duty, there were other documents on record, as discussed herein above, which were clearly pointing towards the fact that the husband of the petitioner had symptoms and was given treatment for COVID-19. The fact that he had breathlessness, his SPO2 was 36% and also as O2 inhalation was advised, apart from the other medicines prescribed, itself is a pointer towards the aforesaid, therefore, a hyper technical approach should not have been adopted by the opposite parties while considering the claim of the petitioner, rather, the object of the impugned order and the provisions contained therein should have been kept in mind. Thus, the reason that RTPCR positive test report etc. was not available, is not tenable for denying the claim of the petitioner in view of the documentary evidence, such as the medical documents on records and the symptoms as noticed herein above.

12. Looking into the entire facts and circumstances of the case and considering that the petitioner is a widow and therefore, merely because she could not apply by 15.06.2022 would hardly be a reason to deny her the benefit, if she is otherwise entitled to it, therefore, this reason given in the impugned order is set aside purely in the facts of this case.

13. For all these reasons, we find the impugned order to be unsustainable purely in the facts of this case, we, accordingly quash it and allow the writ petition and direct the State Government to pay Rs.30,00,000/- to the petitioner in pursuance to the beneficial policy of the Government to provide succour to dependents of persons who had been assigned elections duty etc., and died within 30 days' for such assignment. This payment shall be made by the opposite party No.1 within a period of one month from the date a certified copy of this order is placed before it. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 22.4.2025 -Piyush-