Treat Polling Officers Who Succumbed To Covid-19 AT Par With Covid Warriors: Intervention Filed Before Allahabad High Court In Suo Moto Covid-19

The intervention has been made by one Rahul Gangele, who himself is a teacher, alleging that the UP Government, at its sole discretion, compelled Government employees/ teachers to discharge election duties regardless of the threat posed by the pandemic to their lives and wellbeing.

The Petitioner is represented by Advocates Vibhu Rai, Abhinav Gaur, Kartikey Yadav and Naman Issrani.

It is submitted that even after elections were convened, no medical attention was provided to such employees and they were rather left to suffer like others, "crying and begging for oxygen and medical care".

Consequently, the untimely death of government employees and teachers while discharging election duty has disrupted their families and many families have lost their sole bread earner which has left the surviving family members in a state of destitution.

Thus, it is urged that their families must be compensated adequately and fairly.

Significantly, the UP Government has announced compensation of Rs. 30 lakh for the families of deceased polling officers. However, it is the Petitioner's case that this amount is not at par with compensation (of Rs. 50 lakh) being provided to Covid warriors, and thus it is argued that the polling officers are being discriminated against other government officers similarly working in the present situation.

"Government employees and teachers of the State of Uttar Pradesh, who lost their lives while discharging their official duties during the course of the panchayat elections are also entitled to the status of the Corona Warriors and be compensated accordingly," the Petitioner has submitted.

Also Read: 'Polling Officers Infected With Covid-19 During Election Duty Be Treated At Par With Covid Warriors': Telangana High Court

It is argued that discrimination in awarding compensation to the dependants of the Government teachers and medical personnel who laid their lives only to perform the duty given to them by the State during COVID19 is in violation of Article 14 of the Constitution of India.

The plea further avers,

"Government teachers were deputed to fulfill the election duties in far flung rural areas where they were made to travel in Bus which were jam packed and no social distancing was observed in the Buses.

Government teachers were deputed at remote corners and distant locations in the State far away from their place of residence and these areas had no medical facilities much less proper sanitization. That the rural areas where the officers were deputed did not even have adequate social distancing and basic sanitization much less proper medical facilities.

The Government teachers were made to come out of their house where they were atleast able to take care of themselves from contacting the virus and were exposed to the virus under the garb of election duties when no proper facilities were provided by the State to prevent the spreading of virus."

The matter COVID-19 suo moto case is listed for hearing tomorrow.

Last month, the High Court had taken judicial notice of reports about the death of 135 persons, who died after contracting COVID during their election duty. "It appears that neither the police nor, Election Commission did anything to save the people on election duty from getting infected by this deadly virus", the Court had observed then.

On May 12, the Court observed that Rs 30 lakh compensation is 'very less' and the State must grant at least Rs. 1 crore as ex-gratia compensation to the families of such deceased polling officers who succumbed to COVID-19.

In April first week, the High Court had dismissed a plea seeking postponement of the UP Panchayat elections amid COVID second wave, saying state has put in place adequate safety protocols.

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