Panchayat Poll Duty Death | Allahabad HC Says Covid Lab Report Valid Unless Proven Forged; Quashes Rejection Of ₹30 Lakh Compensation

Recently, the Allahabad High Court has held that a positive report regarding COVID-19 test by the Uttar Pradesh Covid Lab must not be doubted unless it is proved to be a forged document.Petitioner approached the High Court for compensation of her husband's death due to contracting COIVD-19 while being on panchayat election duty in 2021. Due to high fever and other COVID like symptoms, petitioner's husband was admitted to Government Hospital, Etawah, where it was advised that he be tested for COVID. The second test confirmed COVID-19 and subsequently, he passed away. Petitioner sought compensation under Government Order dated 01.06.2021, which “provides payment for an ex- gratia amount of Rs. 30 lakhs to be paid to employees who die within one month of performing election duty.”Since her representation for compensation was rejected on grounds that no COVID test was conducted and there was no report to support petitioner's claim, petitioner approached the High Court.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed though it was claimed by the respondents that the deceased was never tested for COVID, a report of the Dr. Bhimrao Ambedkar Combind Hospital (Male) Etawah, declaring him as COVID positive was available on record. Noting that 2 doctors had denied signing the deceased's report, the Court held that they had not denied the existence of the report or called it forged. It observed that the doctors had only being there at the time the report was generated but had not denied that the deceased was a patient of the hospital. “Still further, the document appended next to this annexure in the writ petition is a slip generated by the UP Covid Lab of the hospital in the name of "UP Covid Lab Results" asking for repeat sampling and this document is having a Case ID-EWHN0031698480, and respondents do not dispute the Case Id in the counter affidavit. Antigen advice for repeat sampling since was a computer generated slip of UP Covid Lab concerned, it might not have been required to be signed by any doctor and therefore, merely because it was not signed by any doctor it would not become a forged document.”It held that the doctors were only asked if they had signed the report or not, and had not stated that they were the authorized persons to sign the antigen report. Accordingly, it held that the when the patient details were already on record, the respondents ought to have verified it from the hospital before rejecting the claim of the petitioner. The impugned order was quashed with a direction to the respondent to reconsider petitioner's claim for compensation. Case Title: Smt. Raj Kumari v. State Of U.P. And 3 Others [WRIT - C No. - 29280 of 2022]Click Here To Read/Download Order

Panchayat Poll Duty Death | Allahabad HC Says Covid Lab Report Valid Unless Proven Forged; Quashes Rejection Of ₹30 Lakh Compensation

Upasna Agrawal

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