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UP Panchayat Polls- Revisit The Policy To Compensate Family Only If COVID Death Takes Place Within 30 Days: Allahabad HC To UP Govt

Sparsh Upadhyay
19 Dec 2021 6:06 AM GMT
UP Panchayat Polls- Revisit The Policy To Compensate Family Only If COVID Death Takes Place Within 30 Days: Allahabad HC To UP Govt
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The Allahabad High Court has asked the Uttar Pradesh Government to revisit its policy to provide compensation to the family of UP Panchayat polls workers who died within 30 days of contracting COVID while on duty.The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan was of the prima facie view that the restriction of death within 30 days of COVID, contained in Clause 12...

The Allahabad High Court has asked the Uttar Pradesh Government to revisit its policy to provide compensation to the family of UP Panchayat polls workers who died within 30 days of contracting COVID while on duty.

The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan was of the prima facie view that the restriction of death within 30 days of COVID, contained in Clause 12 of the compensation policy of the Uttar Pradesh government isn't based on any rational classification.

Essentially, the court was dealing with the plea of one Kusum Lata Yadav, who had moved to the High Court challenging Clause 12 of the Government Order of June 2021 which provides for compensation to the family which lost its bread earner during panchayat elections due to Covid.

It was the primary contention of the petitioner that the respondents admit that the death of the petitioner's husband was caused due to Covid but the payment is being denied only because of the ceiling contained in Clause 12, which restricts payment of compensation only if the death has occurred within 30 days.

It was submitted that there is no justifiable reason to restrict the death to 30 days and it has often been observed that persons die even after 30 days of contracting Covid.

Lastly, it was contended that discretion must be extended to the competent authority to examine such issues and the ceiling of 30 days seems wholly irrational.

In view of this, the Court directed the State Government to examine aforesaid contention, inasmuch as the Court was of the prima facie view that the restriction of death within 30 days of Covid, contained in Clause 12, does not appear to be based on any rational classification and the authorities may, therefore, re-visit the issue.

Agaisnt this backdrop, the Court has also sought a counter affidavit from the UP Government in terms of the above observation by an officer not below the rank of Special Secretary, within six weeks. The matter has been posted for further 

Case title - Kusum Lata Yadav v. State Of U.P. And 4 Others

Click Here To Download/Read order


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