Partly allowed

Jag Jeevan Ram Chaudhary v. State of U P and 4 Others

Allahabad HC2 Sept 2022WRIC/13726/2022

Case brief

AI extract

What is this about?

A writ petition challenging the rejection of an ex-gratia payment claim for a teacher who died of COVID-19 post-election duty. The High Court applied a coordinate bench judgment to quash the impugned order and remitted the matter for reconsideration.

What did the court decide?

The order dated 8.11.2021 rejecting the ex-gratia payment is quashed. The matter is remitted to the District Panchayat Raj Officer, Lalitpur for reconsideration within one month.

Jag Jeevan Ram Chaudhary Vs State of U P… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 40

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Case :- WRIT - C No. - 13726 of 2022

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Petitioner :- Jag Jeevan Ram Chaudhary Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh

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Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.

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Heard Sri Awadhesh Kumar Mishra, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned counsel for Respondent no.5 and the learned Standing Counsel for other respondents.

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Petitioner's daughter was an Assistant Teacher in a primary school namely Binekamafi, Vikash Khand- Jakhaura, DistrictLalitpur. She was sent for election duty for the Panchayat Election, which was scheduled on 19.4.2021. Thereafter she developed symptoms of COVID-19 virus and died due to COVID on 23.5.2021. Upon the death of the petitioner's daughter, the petitioner applied for ex-gratia payment under the various Government Orders issued by the State of U.P.

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Learned counsel for the petitioner states that this case is covered by a judgment and order of this Court dated 25.7.2022 passed in Writ-C No. 28249 of 2021 , Kusum Lata Yadav vs. State of U.P. and 4 others .

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Learned counsel for the petitioner specifically states that his case comes in the category, where symptoms were detected within a gap of 30 days of election duty and died after 30 days of the election duty.

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The case of the petitioner, from the record it appears, has been rejected vide order dated 8.11.2021 on the ground that the petitioner's daughter died 30 days after election duty and, therefore, she was not entitled to the benefit of ex-gratia payment.

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We find that the controversy so raised in the present writ petition has already been decided by a coordinate Bench of this Court in Writ-C No. 28249 of 2021 , Kusum Lata Yadav vs. State of U.P. and 4 others on 25.7.2022 and the same stands squarely applied in the facts of the present case rendering the order under challenge vitiated.

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Under such circumstances, the order dated 8.11.2021 is quashed and set aside.

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The matter is remitted back to the District Panchayat Raj Officer, Lalitpur to revisit the controversy involved in the case in the light of the judgment and order of the High Court dated 25.7.2022 passed in Writ-C No. 28249 of 2021 , Kusum Lata Yadav vs. State of U.P. and 4 others .

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This exercise shall be completed within a period of one month.

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The writ petition is partly allowed .

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Order Date :- 2.9.2022 N.S.Rathour

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(Vikas Budhwar, J.) (Siddhartha Varma, J.)

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Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.09.05 09:47:59 IST Reason: Location: High Court of Judicature at Allahabad

Jag Jeevan Ram Chaudhary v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Jag Jeevan Ram Chaudhary v. State of U P and 4 Others

Case brief

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What did the court decide?

What the court decided

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