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.

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, particularly, workers engaged in the task of maintaining cleanliness, like sweepers by whatever name called. These classes of persons were at the time called 'Corona Warriors'. They were so called because they worked at a time for the sake of others when the larger part of humanity stayed away. They risked their lives. As a token of acknowledgment and to keep up their morale, they were hailed as Corona Warriors.

2. At the centrestage of the cause in this writ petition is Smt. Asha, a Sweeper with the Nagar Panchayat, Khaga, District Fatehpur. She is the petitioner Anand Kumar's mother, who died on 27.04.2021, during the peak of the Covid-19 pandemic. According to the petitioner, she died in consequence of the Covid-19 disease that she contracted while discharging her duties in the Nagar Panchayat office. It is the petitioner's case that Smt. Asha discharged her duties up to 24.04.2021 in the office, going about her task as a sweeper, when she was suddenly taken ill. She was otherwise healthy. She experienced chest pain and discomfort. She was taken to the nearby clinic for medical aid. The doctor gave her first aid, but that did not bring relief. The following day, she showed symptoms of Covid- 19 and was admitted on 26.04.2021 to the L2 Facility Raisina Hospital, Allahabad Institute of Medical Sciences, Purein Mod, Khaga, Fatehpur. She was admitted on 26.04.2021 to the said hospital at 5:00 p.m. and died on 27.04.2021 at 10 minutes past eight in the morning hours. The death summary/ death certificate issued for the petitioner's mother, annexed at page No.20 of the paper-book, in the column of diagnosis, says, “? Covid 19 Pneumonitis”. The column, that reads death summary, is blank. The certificate is signed by the Medical Officer on duty at L2 Facility Raisina Hospital, Allahabad Institute of Medical Sciences, Fatehpur.

3. The petitioner's case is that his mother died of Covid-19. After the petitioner's mother passed away, as he says, on account of the Covid-19 pandemic, he lodged two claims with the respondents. The first was one, seeking compassionate appointment for himself, and the other for the payment of ex gratia sum of Rs.50 lacs, that was directed to be provided by the State Government to the dependents of employees, engaged in the prevention, control and treatment of the Covid- 19 disease, who died in consequence of contracting the virus. The petitioner claimed compassionate appointment on account of his mother's demise as well as payment of the ex gratia sum of money by an application dated 08.07.2021, accompanied by ten documents in support of the claim. The petitioner, in the said application, referred to an earlier application dated 28.06.2021 that he had made to the Nagar Panchayat, Khaga, claiming the ex gratia sum of Rs.50 lacs. He sai