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Allahabad High Court Directs State to Release Ex-Gratia Payment to Minor Orphaned in Railway Accident

Case Overview

In a significant ruling emphasizing governmental accountability, the Allahabad High Court has intervened in a writ petition filed by Adarsh Pandey, a minor whose parents tragically died in a railway accident. The case, Adarsh Pandey vs. Union of India (Writ-C No. 25513 of 2023), highlights the plight of accident victims' dependents and the need for coordinated action between central and state authorities in disbursing promised relief.

The petition seeks enforcement of ex-gratia payments announced by both the Central and State Governments following the railway mishap. Justice Swarupama Chaturvedi, presiding over the single bench, heard arguments from counsels representing the petitioner, Union of India, and state respondents.

Background and Arguments

Adarsh Pandey, represented by learned counsel Sri Ashwini Kumar Singh, claimed that both governments had publicly announced financial aid for dependents of railway accident victims. The Central Government pledged Rs. 5 lakhs per deceased victim's family, a commitment that was duly fulfilled based on submitted documents verifying the parents' deaths.

The Union of India, through counsel Sri Jayanti Vikram Singh, filed a counter affidavit confirming the central payment and providing supporting records. However, the state respondents, represented by brief holder Ms. Shruti Malviya, contested the claim, citing insufficient proof of the accident despite the central verification. This stance drew sharp criticism from the court, which viewed it as a dereliction of duty.

The petitioner's side argued that the state's refusal undermined policy announcements and left the minor petitioner in distress. The central authorities supported their position with documentary evidence, urging the state to align its processes.

Court's Reasoning and Key Excerpts

Justice Chaturvedi expressed strong disapproval of the state's approach, stating in the judgment: "This in our considered view is making of mockery of policy by those who are in the helm of affairs of the State department as to when the Central Government has made payment on the basis of documents, those documents should have been taken as a basis of payment by the State Government. The officials of the State Government is supposed to behave in a responsible manner."

The court rejected the state's demand for additional proof, emphasizing inter-governmental coordination and the moral imperative to support vulnerable families. No specific legal precedents were cited, but the ruling underscores principles of administrative fairness and prompt relief under writ jurisdiction, particularly for minors.

Rejoinder and counter affidavits were taken on record, with the hearing focusing on procedural lapses rather than substantive legal disputes.

Final Decision and Implications

The High Court directed the counsel for the Union of India to immediately hand over a copy of their counter affidavit to the state brief holder. The District Magistrate was instructed to process the ex-gratia payment using the central documents and file a compliance affidavit by the next hearing date. Failure to comply would require the District Magistrate's personal appearance in court.

This decision reinforces the judiciary's role in ensuring that government announcements translate into tangible aid, preventing bureaucratic hurdles from exacerbating tragedies. For legal professionals, it serves as a reminder of the high court's powers under Article 226 to mandate administrative action in public welfare matters. For the public, it highlights the importance of unified efforts in disaster relief, potentially setting a precedent for similar cases involving ex-gratia claims.

The matter is adjourned to the next listed date, with compliance expected to bring swift justice to the young petitioner.