Administrative authorities cannot summarily reject compensation claims based on contested documents without verifying official internal institutional records when validly generated identification markers and lab tokens are present on the evidence submitted.

JUDGMENT :

Swarupama Chatuvedi, J. 

1. Heard Sri Sanjeev Kumar Yadav, learned counsel for the petitioner and Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents.

2. By means of this petition filed under Article 226 of the Constitution petitioner is seeking quashing of the order dated 02.07.2022 passed by the District Magistrate, Etawah whereby representation of the petitioner dated 25.5.2025 for grant of compensation has been rejected. Alternatively, it is prayed that the respondents be directed to give the benefit of ex-gratia to the petitioner as per the Government Order dated 01.6.2021.

3. The petitioner is the widow of Late Kaushal Kishore, who was serving as a Lecturer at Janta Inter College, Bakewar, Etawah, and was deployed for election duty during the Tristariya Panchayat Election–2021 on 19.04.2021, at the peak of the COVID-19 pandemic. Immediately after completing his election duty, he developed severe symptoms of COVID-19, including high fever and breathing difficulties. He received treatment on 22.04.2021 and 24.04.2021, and on 27.04.2021 he was examined at the Government Hospital, Etawah, where doctors suspected COVID-19 and advised testing. His sample which was collected on 27.04.2021 led to a report recommending repeat sampling due to evident COVID-19 symptoms, and on 29.04.2021, the second test confirmed him to be COVID-19 Antigen Positive. His condition deteriorated rapidly, and while being taken to Saifai Medical College for further treatment, he passed away on 01.05.2021.

4. The petitioner applied for ex-gratia compensation under the Government Order dated 01.06.2021, which provides payment for an ex gratia amount of Rs. 30 lakhs to be paid to employees who die within one month of performing election duty. As Late Kaushal Kishore died within 12 days of his duty, the petitioner’s claim was fully covered under the scheme. Despite this, the respondent no. 2 rejected the claim of the petitioner vide impugned order dated 02.07.2022 on erroneous grounds that no COVID-19 test was conducted and no proof of infection was available. The petitioner had annexed multiple documents including hospital prescriptions, COVID-19 lab reports, and medical certificates issued by government hospitals which clearly establish the presence of COVID-19 infection, and she contends that the respondents’ findings are arbitrary, negligent, and contrary to the official records.

5. Learned counsel for the petitioner submits that the impugned order dated 02.07.2022 deserves to be quashed as it is arbitrary, illegal, and contrary to the medical records issued by the respondents' own departments, all of which clearly establish that Late Kaushal Kishore had contracted COVID-19 immediately after performing election duty on 19.4.2021 and died within one month on 1.5.2021, squarely fulfilling the conditions of the Government Order dated 01.06.2021, and, therefore, in the interest of justice, it is prayed that the respondents be directed to grant the ex-gratia compensation for which the petitioner is legally entitled.

6. Per contra, learned Additional Chief Standing Counsel submits that the claim of the petitioner has been rejected on the ground that she was unable to produce the Antigen/RT-PCR +ve Test Report and the CT Scan of her deceased husband which can prove that her husband died due to COVID-19 while performing election duty. Hence, she is not entitled for any payment as per the Government Order dated 1.6.2021.

7. Having heard the learned counsel for the respective parties and having perused the records, in our considered view, there are enough medical reports to establish that husband of the petitioner was having all symptoms of the COVID-19. The impugned order states that the deceased was not tested for COVID-19 antigen and subsequently the same impu