Electricity Workers Supplying Power To Hospitals, Oxygen Plants Are 'COVID Warriors': Allahabad High Court Orders ₹50 Lakh Ex-Gratia
The Allahabad High Court recently reiterated that a "myopic interpretation" cannot be given to COVID-Duty so as to confine it only to persons specially assigned to discharge their duties in the treatment of people in hospitals.
The bench thus held that essential service workers, such as electricity department employees who ensured uninterrupted electricity supply to hospitals and oxygen plants, are entitled to be treated as "COVID Warriors".
A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary made this observation while directing the State Government to release an ex gratia compensation of ₹50 lakh to the widow of a deceased employee of Madhyanchal Vidyut Vitran Nigam Ltd. (MVVNL) who contracted the virus and died in April 2021.
The petitioner moved the HC, challenging a state committee's October 2022 order, whereby the petitioner-widow's claim for compensation under the Government Order (of April 11, 2020) was rejected.
The State opposed the plea by submitting that the husband of the petitioner (deceased) did not perform any duty to fall within the expression "COVID roktham, upchar and bachao" (containment of the COVID pandemic/COVID-19 treatment and protection from COVID infection).
The bench, however, rejected the State's contention, noting that the deceased was assigned front-line duty for the prevention and control of COVID-19 to ensure an uninterrupted power supply to hospitals, oxygen plants, people staying at homes, and others.
Relying on High Court's April 2026 order in Pushpa Devi's case, the Bench observed that employees in essential services departments, such as electricity, water supply, telephone, and police, who worked during the pandemic must be taken to be on COVID-duty, “as their discharge of duties helped the State Government in containing the spread of pandemic covid-19 virus and also provided an impetus in the treatment and protection of COVID-19 patients by keeping them in confinement”.
The Bench further noted that a co-ordinate bench in the case of Vipin Kashyap had similarly held that a government employee engaged in the supply of essential services, particularly for the smooth running of hospitals, faces the challenge of the pandemic and must be included as a Corona Warrior upon a pragmatic reading of welfare legislation.
"Since the deceased was regularly engaged in ensuring an uninterrupted supply of electricity to hospitals and oxygen plants where COVID-19 patients were admitted and treated, he is entitled to be treated as a COVID Warrior", the Court said holding that the petitioner was fully covered by the statutory framework.
Accordingly, the impugned order was quashed.
The Court, however, refused to remand the matter to the competent authority for fresh consideration, noting that the employee had passed away on April 23, 2021, and the issue had been hanging fire for more than 5 years.
Hence, the Court directed the concerned authorities to make payment of the ex gratia compensation to the petitioner within a period of 8 weeks.
Case title - Pushpa Devi vs. State Of U.P. Thru. Chief Secy. Revenue Lko. And 2 Others 2026 LiveLaw (AB) 362
Citation : 2026 LiveLaw (AB) 362