IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Anand Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. The Covid-19 pandemic, that ravaged humanity during the years 2020-21 across the world, is unprecedented for its destruction, death, loss of livelihood, business and many such things in the history of mankind. While it brought on immense tragedy for those who lived on to see another day, the misery was sought to be alleviated by the Government of India and the State Governments, lending a helping hand to support the survivors. Whatever could serve as measures of relief were taken by Governments to bring life back on track for various classes of people. There were certain classes of men and women, according to their profession, who had to work for others by the nature of their calling, even when most others, for the sake of dear life, were virtually confined to their homes due to lock-downs. These classes of persons, who had to still work on for humanity's sake, comprised not only of a certain category of government servants, but also employees of corporations, the private sector and the self-employed. They shared a common genre to their calling, whosoever was their employer. They were generally doctors, health workers other than doctors, policemen, and, p










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.
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.
Preponderance of probability suffices for COVID-19 duty death benefits via symptoms, hospital records despite no RTPCR; rejection ignoring evidence and delayed committee opinion set aside, directing ....
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and....
A deceased government employee who succumbed to COVID-19 while on duty should be recognized as a Covid-19 Warrior under the government's guidelines, and the rejection of entitlement based on contradi....
Authority must consistently apply its guidelines and cannot contradict its own documents pertaining to eligibility for public benefits.
The court ruled that essential services performed by an Anganwadi worker during the pandemic did not qualify for ex-gratia compensation under the Cabinet Decision for COVID-19 specific duties.
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.
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