Centre Releases Ex-Gratia But UP Govt Says 'No Proof' Of Rly Accident: Allahabad HC Terms Denial Of Relief To Orphan 'Mockery Of Policy'

In a scathing indictment of administrative insensitivity, the Allahabad High Court recently pulled up the Uttar Pradesh state authorities for denying ex-gratia compensation to a minor orphan whose parents died in a railway accident. The state authorities denied relief citing "lack of proof" of death even though the Central Government had already verified the claim and released its share of the funds. Terming the State's conduct a "mockery of policy", a Bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed that those in the helm of affairs of the State department should have made the payment on the basis of the documents relied upon by the Central Government. Briefly put, the petitioner, a minor, had approached the High Court seeking the release of ex-gratia payment announced by the government for dependents of railway accident victims. According to the plea, both the Central and State Governments had announced financial relief for the victims' families. The Central Government had proposed a sum of Rs. 5 lakhs for dependents of the deceased and the state Chief minister had also made a similar announcement. During the proceedings, the Union of India filed a counter affidavit confirming that the payments on behalf of the Central Government had already been made as per the declaration. However, the State Government took a starkly contradictory stand. The bench was apprised that since there was no proof as such of the parents dying in a railway accident, the payment could not be made. The Bench took strong exception to this submission as it found the same to be logically untenable, it remarked thus: "This in our considered view is making of mockery of policy by those who are in the helm of affairs of the State department…when the Central Government has made payment on the basis of documents, those documents should have been taken as a basis of payment by the State Government." The Court further remarked that the officials of the State Government are supposed to behave in a 'responsible' manner. In view of this situation of the matter, the High Court directed the counsel for the Union of India to hand over a copy of the Central Government's counter affidavit to the State counsel in court itself. The Bench directed the District Magistrate to do the needful in the matter on the basis of the affidavit filed by the Central Government and clear the dues as per the announcement made for ex-gratia payment. Listing the matter for the next hearing on January 6, 2026, the Bench stated that the District Magistrate must file a compliance affidavit by the next date, failing which he will have to remain present in Court.Advocate Ashwini Kumar Singh, appeared for the petitioner, Advocate Jayanti Vikram Singh, for Union of India Advocate Shruti Malviya, brief holder for the StateCase title - Adarsh Pandey @ Ansh (Minor) vs. Union Of India And 3 OthersClick Here To Read/Download Order

Centre Releases Ex-Gratia But UP Govt Says 'No Proof' Of Rly Accident: Allahabad HC Terms Denial Of Relief To Orphan 'Mockery Of Policy'

Sparsh Upadhyay

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