Allahabad High Court Quashes Rejection of Ex-Gratia Claim for COVID-19 Election Duty Death

Court Directs Reconsideration of Compensation for Widow of Poll Duty Worker Who Died of COVID-19

In a significant decision, the Allahabad High Court has quashed the rejection of an ex-gratia compensation claim filed by Smt. Raj Kumari, widow of Late Kaushal Kishore, who succumbed to COVID-19 shortly after performing election duty. The bench comprising Justices Ajit Kumar and Swarupama Chaturvedi directed the District Magistrate of Etawah to reconsider the claim and decide within a month, emphasizing that the rejection was arbitrary and contrary to medical evidence.

The case pertains to the ex-gratia compensation of Rs. 30 lakhs under a Government Order dated June 1, 2021, which provides financial assistance to employees who die within one month of performing election duties. Late Kaushal Kishore, a lecturer at Janta Inter College, was deployed for election duty during the Tristariya Panchayat Election in April 2021. He developed severe symptoms of COVID-19 shortly after his duty and died on May 1, 2021.

Despite multiple pieces of medical evidence indicating COVID-19 infection, including lab reports and hospital records, the petitioner's claim was initially rejected by the District Magistrate on the grounds of insufficient proof. The court noted that there were enough documents to establish that Kishore had tested positive for COVID-19 and criticized the reliance on the statements of two doctors who claimed not to have signed the relevant medical documents.

The court emphasized that the Antigen positive report and other documents were not denied by the hospital or the UP Covid Lab, which had sufficient patient details. The court held that the rejection based on the doctors' statements was unjustified and directed a fresh consideration of the compensation claim.

This judgment underscores the importance of a thorough examination of evidence in compensation claims related to COVID-19 and provides a precedent for similar cases where bureaucratic hurdles may have denied rightful claims.

Bottom Line:

Ex-gratia compensation under Government Order dated 01.06.2021 - Claim of petitioner rejected on erroneous grounds despite sufficient evidence establishing COVID-19 infection of deceased who died within one month of performing election duty - Respondents directed to reconsider the claim.

Statutory provision(s): Article 226 of the Constitution of India, Government Order dated 01.06.2021

Smt. Raj Kumari v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2819312