Disposed

Smt. Meera Pal v. State of U.P. and 4 Others

Allahabad HC9 Dec 2021WRIC/23537/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking ex-gratia compensation for the petitioner, whose husband died during panchayat elections due to COVID-19. The court directed the Chief Medical Officer to constitute a fresh committee to examine existing materials, including a positive antigen test and hospital records, as the initial rejection was unjustified.

What did the court decide?

The writ petition was disposed of. The Chief Medical Officer, Kanpur Dehat was directed to constitute a fresh three-member committee to examine the hospital records and other materials within six week

Smt. Meera Pal Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 23537 of 2021

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Petitioner :- Smt. Meera Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari

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Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.

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Petitioner's claim for payment of ex-gratia compensation on account of death of her husband while working in panchayat elections due to Covid-19 has been rejected apparently on the ground that there exists no specific material to demonstrate that petitioner's husband had contacted Covid.

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The finding in that regard is assailed by petitioner relying upon report of three member medical committee, which has elaborately examined all materials to come to a conclusion that symptoms of the patient as also the medication advice leaves no room of doubt that death had occurred due to Covid. Taking note of such contention this Court proceeded to pass following orders on 17.11.2021:-

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"Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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This writ petition has been filed praying for the following reliefs:-

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"(i) to issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 2 & 3 to issue certificate Covid Positive of petitioner's husband Late Narendra Bhushan Pal and provide financial help as per Government Order dated 11.4.2020 to the petitioner.

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(ii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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(iii) to award the cost of the petition to the petitioner."

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Petitioner's husband namely Late Narendra Bhushan Pal was working as Office Assistant in Sub-Division of Electric Distribution Rashoolabad, Kanpur Dehat. Grievance of the petitioner is that her husband died on 27.4.2021 due to COVID-19 and yet payment of ex gratia amount in terms of the Government Order dated 11.4.2021 is not being made to her despite report of Three Members Committee dated 17.6.2021 submitted before the District Magistrate, Kanpur Dehat.

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From the records, it appears that despite report of Three Members Committee consisting of Drug Inspector, Senior Medical Consultant and Medical Officer, Kanpur Dehat even certificate of husband of the petitioner to be COVID Positive has not been issued.

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Considering facts and circumstances of the case, we direct the respondent no.2 to file a counter affidavit by means of his personal affidavit on or before the next date, failing which he shall remain personally present and shall show cause.

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Put up as a fresh case on 2.12.2021 before appropriate Bench."

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A counter affidavit has now been filed by the State authorities, in which a report of Chief Medical Officer, Kanpur Dehat is annexed, according to which opinion of the three determining factors has been placed on record. Neither there is any Antigen Test report nor there is any RTPCR report and in absence of CT Scan of Chest it is not possible to hold death of petitioner's husband due to Covid.

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The stand taken by the respondents cannot be accepted for the simple reason that the authorities apparently have overlooked other materials, which clearly existed on record before them. Attention of the Court has been invited to Annexure-2 to the writ petition, as per which a sum of Rs.2,000/- was paid for Covid Antigen Test report and the report was 'Positive'. There are other materials, which have been taken note of the three member committee for coming to a conclusion that petitioner's husband died due to Covid. The death certificate issued by the hospital, where the petitioner's husband was admitted, records the cause of death as Pneumonia and the death occurred due to Type-1 Respiratory Tract. These materials have all been ignored by the authorities concerned. We do not find any justification for the State to reject the petitioner's claim when such materials did exist on record of the writ petition and have not been referred to in the report submitted by the authorities. These materials were also referred to in the previous order of this Court and the concerned authorities were expected to examine it in correct perspective.

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Writ petition, consequently, stands disposed off. The Chief Medical Officer, Kanpur Dehat is directed to constitute a fresh three member committee, which shall take an appropriate decision in the matter within a period of six weeks from the date of presentation of a certified copy of this order. The hospital records where petitioner's husband was admitted as also other materials, which have been referred to in the writ petition, shall be specifically examined and dealt with by the committee. Based upon such determination an appropriate decision would be taken by the authority concerned, within a further period of two months, thereafter, in the matter relating to grant of ex-gratia compensation to the petitioner.

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Order Date :- 9.12.2021 Anil

Smt. Meera Pal v. State of U.P. and 4 Others

Case brief

What is this about?

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Smt. Meera Pal v. State of U.P. and 4 Others

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