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ATTAU RAHMAN MASOODI, VIKRAM D. CHAUHAN
Kusum Lata Yadav – Appellant
Versus
State Of U. P. – Respondent
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:-
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
(1) Ex-gratia monetary compensation to families of Covid-19 Victims – Scope of judicial review on policy decisions having financial implications which might affect economy of country and which may al....
Welfare schemes, like the COVID-19 ex-gratia compensation, must be interpreted broadly to fulfill their intended purpose and benefits for the deceased's family.
The central legal point established in the judgment is the interpretation of the eligibility criteria for ex-gratia compensation under Cabinet Decision No. 2835 dated 13th May 2020, specifically in d....
Administrative authorities cannot summarily reject compensation claims based on contested documents without verifying official internal institutional records when validly generated identification mar....
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
The court ruled that the deceased was on disaster management duty at the time of the accident, establishing entitlement to Ex-Gratia compensation under the relevant government notification.
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