JUDGMENT :

Atttau Rahman Masoodi, J.

1. This batch of writ petitions involving common question of facts and law were heard together and are being decided by a common judgment.

2. The petitioners have questioned the legality of Clause 12 of the Government Order dated 1st June, 2021, which was issued in modification of the earlier Government Orders dated 6th April, 2021 and 4th May, 2021. By means of the impugned government order, the State of Uttar Pradesh raised the amount of ex-gratia payment to the dependants of a deceased employee dying on election duty due to COVID-19 from Rs.15 lacs to Rs.30 lacs subject to the fulfilment of conditions in Clause-12.

3. In usual course, the National Authority by virtue of Section 12 of the Disaster Management Act, 2005 is empowered to recommend guidelines for the minimum standards of relief which is to be provided to persons affected by disaster. Section 12 of the Act of 2005 for ready reference is extracted hereunder:-

“12. Guidelines for minimum standards of relief. -The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,-

(i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;

(ii) the special provisions to be made for widows and orphans;

(iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood;

(iv) such other relief as may be necessary.”

4. It is evident from the above quoted provision that ex-gratia assistance on account of loss of life is one of the measures for restoration of the means of livelihood to the members of aggrieved family. The State Government is also empowered under Section 38 of the Act of 2005 to take measures defined under Section 38(2) which include the financial help in the nature of ex-gratia payment under Section 38(2)(l) and this is how the aforesaid government orders have come to be issued for compensating the loss of lives to the dependants of those who on being deputed to perform election duties in the U.P. Panchayat Elections – 2021 contracted COVID-19 and died. Section 38(2)(l) for ready reference is reproduced hereunder:-

“Section 38(2)(l):-such other matter as it deems necessary or expedient for the purpose of securing effective implementation of provisions of this Act.”

5. A person having contracted pandemic i.e. COVID-19 while on election duty became a matter of consideration in the light of recommendations made by the Election Commission of India as well as the National Authority. Therefore, to avoid litigation as against the claims which may have arisen on account of the death of a person discharging election duty by his dependants, the ex-gratia payment to the tune of Rs.30 lacs was a measure evolved by the State Government to compensate the dependants of any such loss of life, whose death occurred on account of COVID-19 having been contracted while on election duty. The Election Commission of India for the purpose of ex-gratia payment is said to have defined the election duty to mean the performance of such duty by leaving one's house on a scheduled day till a person returned back home. The election duty included training, polling duty, counting duty or any other duty relating to election. It implies that contracting COVID-19 while on election duty after leaving one's place of residence till reaching back home was the range of movement to which every case has to be corroborated.

6. In the present case, the U.P. Panchayat Election was notified in the month of March, 2021 whereafter the schedule of election duty in various capacities came to be issued on 6th April, 2021. The chart below indicates the relevant details as regards the petitioners being sent on election duty, date of diagnosis of C