JUDGMENT :

1. Heard Sri Sudhanshu Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. By means of the present petition, the petitioner is seeking mandamus directing the respondents to release ex gratia compensation of Rs.50,00,000/-to petitioner in pursuance to the Government Order dated 11.4.2020 for the death of her husband Late Ashok Kumar Pandey (Head Constable, U.P. Police) due to COVID-19 while performing his duty.

3. Contention of learned counsel for the petitioner is that the husband of the petitioner, Late Ashok Kumar Pandey, was working as Head Constable in U.P. Police at Maharajganj. By order dated 12.11.2020 of Additional Director General, Gorakhpur Zone, Gorakhpur, U.P., he was posted at Civil Airport Gorakhpur. In pursuance of that order, husband of the petitioner had joined the services at Civil Airport Gorakhpur on 26.11.2020. While working on duty at Civil Airport Gorakhpur, he felt respiratory problem on 16.4.2021 and, thereafter on conducting medical examination he was found corona positive and subsequently, he died on 20.4.2021 due to COVID-19. It is further submitted that husband of the petitioner while working at Civil Airport Gorakhpur, he was enforcing COVID-19 protocol and involved in prevention, protection and treatment operation at airport for COVID-19. Therefore, as per Government Order dated 11.4.2020, the petitioner being the wife of deceased Ashok Kumar Pandey submitted an application for release of ex gratia compensation of Rs.50,00,000/-.

4. As per Government Order dated 11.4.2020, the required formalities were completed and the duty certificate of Superintendent of Police (Head of Department) along with certificate of Chief Medical Officer were also submitted. Thereafter, the District Magistrate, Maharajganj being the competent authority by letter dated 29.9.2021 forwarded the case of the petitioner to Additional Chief Secretary, Revenue, Government of U.P. for releasing Rs.50,00,000/-to the petitioner in view of death of her husband, Late Ashok Kumar Pandey. When no action was taken then Superintendent of Police, Maharajganj again wrote a letter dated 6.10.2021 to District Magistrate, Maharajganj for ensuring release of ex gratia compensation of Rs. 50,00,000/-to the petitioner for death of her husband, on duty. The above letter dated 6.10.2021 of Superintendent of Police, Maharajganj was followed by letter dated 23.12.2021 of Additional District Magistrate (Finance and Revenue), Maharajganj to the Secretary and Relief Commissioner of Government of U.P. for releasing the ex gratia amount to the petitioner. When no action was taken then the present petition was filed.

5. This Court by the order dated 23.5.2023 directed the respondent No.1 to file his personal affidavit explaining as to why the ex gratia compensation was not released in favour of the petitioner. In compliance of the above order of this Court, personal affidavit was filed by Sudhir Garg, Additional Chief Secretary, Revenue, Government of U.P. in which the stand was taken that husband of the petitioner was posted at Civil Airport, Gorakhpur on his request for the purpose of security and not for prevention, protection and treatment of COVID-19, therefore, considering the documents and report forwarded by the District Magistrate, Maharajganj, the committee headed by Secretary, Revenue, Government of U.P. did not approve the release of ex gratia amount of Rs. 50,00,000/- to the petitioner.

6. In the report dated 28.12.2021 of Inspector, in charge Civil Airport, Gorakhpur to Superintendent of Police, Maharajganj, it is clearly mentioned that the husband of the petitioner Late Ashok Kumar Pandey remained posted there from 29.3.2021 to 18.4.2021 with corona test team. Apart from this Superintendent of Police, Maharajganj also in his letter dated 27.5.2021 as well as letter dated 6.10.2021 has clearly mentioned that husband of the petitioner Late Ashok Kumar Pandey was posted at Civil Air