Allahabad High Court Directs DM To Decide On Compensation In Case Of A Teacher's COVID Death During Election Duty

The Allahabad High Court recently directed the District Magistrate, Jaunpur to examine and pass a reasoned order in a claim for compensation made in a case of a teacher's death who died due to COVID during the Uttar Pradesh Panchayat Polls last year. 

The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan was hearing the plea of one Aryan Srivastava whose mother was assigned election duty in UP Panchayat Elections during which she contracted COVID-19 and died thereafter.

He submitted before the Court that the claim for payment of compensation in terms of the Government Order dated 1st June 2021 was made before the second respondent, however, no decision upon it had been taken, and hence, he moved to the High Court with the instant writ petition.

"In the facts of the case, the District Magistrate, Jaunpur is directed to ensure that petitioner's claim for payment of compensation is examined in terms of aforesaid Government Order, by passing a reasoned order, within a period of three months from the date of production of copy of this order," the Court ordered while disposing of the plea.

It may be noted that last month, the Allahabad High Court had asked the Uttar Pradesh Government to revisit its policy to provide compensation to the family of UP Panchayat polls workers who died within 30 days of contracting COVID while on duty.

The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan was of the prima facie view that the restriction of death within 30 days of COVID, contained in Clause 12 of the compensation policy of the Uttar Pradesh government isn't based on any rational classification.

As per UP Govt's order, Rs 30 lakh are to be disbursed to the families of over 2,000 state government employees who died due to Covid-19.

Significantly, in May 2021, the Allahabad High Court had observed that the State must grant at least Rs. 1 crore as ex-gratia compensation to the families of polling officers who died due to COVID-19 while after the UP Panchayat polls.

"It is not a case that somebody volunteered to render his/ her services during election but it was all made obligatory to those assigned with election duty to perform their duties during election even while they showed their reluctance," observed a Division Bench of Justices Siddhartha Varma and Ajit Kumar.

Case title - Aryan Srivastava v. State Of U.P. And 3 Others 
Case Citation: 2022 LiveLaw (AB) 5

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