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On a claim of Rs. 30 lacs by the widow of a man who died of Covid-19 infection owing to his election duty in the Gram Panchayat Elections held in the month of April 2021, the Allahabad High Court recently directed the State counsel to obtain specific written instructions as to why the ex-gratia amount has not been paid to the petitioner till date.

The bench of Justice Saumitra Dayal Singh and Justice Dr. Yogendra Kumar Srivastava passed the order in this regard. Court noted, "It is strange that the respondent State has not paid the ex gratia amount to the petitioner who has lost her husband and the sole bread earner of the family."

One Subhag Lali had moved the high court alleging that despite the fact that her husband, Ram Bihari, died of Covid-19 infection within thirty days from the last election duty that he had performed, the due ex-gratia payment has not been made to her. 

In her petition, the woman had made a claim of ex-gratia compensation amounting to Rs. 30,00,000 for the Covid death of her husband who performed election duty in the first, second and third phases of the Gram Panchayat Elections.

Passing the order, Court stressed that prima facie, the claim made in woman's petition appeared well founded. "The District Commandant Home Guards Chitrakoot, vide its communication dated 8th December, 2021 has duly certified the fact that the deceased Ram Bihari had performed election duty in the first and second phase of the Gram Panchayat Elections for which polling was held on 11.4.2021 and 26.4.2021," Court noted. 

Court added that as per Clause 12 of the Government Order dated June 1, 2021 the ex gratia payment on account of Covid death may be made in case where election duty may have been performed within thirty days from the occurrence of death.

Therefore, stressing that undisputedly, Ram Bihari died of Covid-19 infection on April 29, 2021 which fell well within the period of thirty days from the last election duty performed by him, Court sought response from the State Government over the non-payment of the ex-gratia amount.

Furthermore, Court said that it was open to the respondent government to pay up the ex-gratia amount on or before the next date. The matter will be next heard on April 18, 2022. 

Importantly, Court noted that "If the claim made by the petitioner is to be declined, all documentary evidence being relied by the State may be produced on the next date along with the written instructions."

Case Title: Subhag Lali v. State Of U.P. And 4 Others