Ajay Kumar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
1. Heard Sri Neeraj Shukla, learned counsel for the petitioner, Sri Suresh Kumar Maurya, learned counsel for the respondent No.- 3 and Sri P.K. Shahi, learned Additional Chief Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the validity of the order dated 4th September, 2023 passed by the District Magistrate, Firozabad, whereby claim of the petitioner for ex gracia compensation for his wife dying of covid- 19 has come to be rejected.
3. Learned counsel for the petitioner has submitted that the respondents has manifestly erred in rejecting the claim of the petitioner for ex gracia compensation for the reasons that the Government order in that regard has not been correctly interpreted to hold that the petitioner's wife did not dye of covid- 19. It is contended by learned counsel for the petitioner that petitioner's wife was working as Assistant Teacher in a basic school while she was allotted election duty on 7th April, 2021 while going for duty she suffered Covid-19 and ultimately when her condition worsen she was taken to the hospital on 27th April, 2021 but she could not survive
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 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.
Administrative authorities cannot summarily reject compensation claims based on contested documents without verifying official internal institutional records when validly generated identification mar....
The central legal point established in the judgment is the interpretation of eligibility criteria for COVID-19 related deaths under the MCPASY Scheme and relevant guidelines, leading to the entitleme....
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....
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.