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Court clarified that the cases where the infection after election duty was detected within 30 days, however, the death occurred beyond that period, should be treated at par with the cases where the death occurred due to covid-19 within a period of 30 days, though the patient was asymptomatic.
The Allahabad High Court recently directed the State Government to release the ex-gratia payment to 6 dependents of the deceased employees who died due to COVID-19 after their election duty, though they had performed the duty 30 days or more prior to their deaths.
The bench of Justice Attau Rahman Masoodi and Justice Vikram D. Chauhan clarified that the cases where the infection after election duty was detected within 30 days, however, the death occurred beyond that period, should be treated at par with the cases where the death occurred due to covid-19 within a period of 30 days, though the patient was asymptomatic.
Court said the bar of 30 days period in the cases where the infection was detected within 30 days of election duty but death occurred beyond the same is not attributable to any negligence on the part of the victim rather it was owing to the lack of extraordinary care or treatment of which the duty would lay on the State.
The State Government of Uttar Pradesh announced ex-gratia payment of Rs. 15 lacs to the dependants of a deceased employee dying on election duty due to COVID-19. For determining the cause of the death, the State decided that the covid deaths which occurred within the 30 days of an individual's election duty (no matter if the patient was symptomatic or asymptomatic) will be considered for the ex-gratia payment.
This amount was raised to Rs.30 lacs vide a Government Order(G.O.) dated 1st June 2021. However, clause 12 of the later GO imposed certain conditions to be fulfilled.
The present petitioners challenged the legality of clause 12 of the G.O. of June 1st, 2021. It was the case of the petitioners that they were dependent of those State employees whose Covid-19 infection was detected within 30 days of their election duty, however, their death occurred beyond the same period.
Court observed that as the death of asymptomatic cases within 30 days of election duty as per the mandate of government order is covered under the G.O. provided the death certificate on account of COVID-19 is produced by the claimants, this principle broadens the scope of G.O. for symptomatic cases where the infection after election duty was detected within 30 days, however, death in such a case occurred beyond the period of 30 days.
"Any other principle derived by the State on the basis of scientific understanding is bound to defeat the very object of the Government Order and the purpose will frustrate," Court held.
Therefore, Court directed the State to release the ex-gratia payment to the dependents entitled thereto within a period of one month. Court added that failing the same, the claims so allowed shall be made good inclusive of simple interest @ 9% p.m. from the date of judgment upto the date of actual payment.
Case Title: Kusum Lata Yadav v. State Of U.P. And 4 Others and 6 other connected matters
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