Neutral Citation No. - 2025:AHC-LKO:38855 Court No. - 5 Case :- WRIT - A No. - 962 of 2025 Petitioner :- Janki Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Panchayti Raj Anubhag-3 Govt. Of U.P. Lko. And Another Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Shri Nitin Mathur, learned Standing Counsel for the respondents-State. 2. With the consent of the parties, the matter is being decided finally. 3. The facts of the case have already been noted in the order dated 28.01.2025. 4. For the sake of convenience the order dated 28.01.2025 is reproduced below:- "Heard. Under challenge is the order dated 16.03.2024, a copy of which is annexure 2 to the petition, whereby the representation of the petitioner for grant of ex-gratia compensation, on account of her husband namely Shobha Ram having died of Covid-19 pandemic while working on the post of Head Master on 28.05.2021, has been rejected on the ground that the petitioner has failed to apply within the time prescribed as per the Government Order dated 01.06.2021 by 15.06.2021 up to 06:00 P.M. The contention is that the aforesaid rejection would run contrary to the judgment of the Hon'ble Supreme Court in the case of Gaurav Kumar Bansal vs. Union of India decided on 19.01.2022 in Misc. Application No.1805 of 2021 passed in Writ Petition (C) No.539 of 2021 wherein the Honb'le Supreme Court has held that no claim shall be rejected on technical grounds and if there is any defect in the main application, an opportunity should be given to the concerned claimant to rectify the same. The contention is that keeping in view of the judgment of the Hon'ble Supreme Court in the case of Gaurav Kumar Bansal (supra), which has also been considered by this Court in Writ A No.1029 of 2024 in Re: Pradeep Kumar vs. State of U.P. and Others decided on 09.07.2024, a copy of which is annexure 5 to the petition, wherein a similar rejection had been quashed, as such, the petitioner is entitled for the benefit of the judgment of this Court in the case of Pradeep Kumar (supra). Learned State counsel prays for and is granted a week's time to seek instructions in the matter. List this case in the next week, as fresh." 5. Shri Nitin Mathur, learned Standing Counsel fairly states that as the case of the petitioner has been rejected without keeping in view the law laid down by the Hon'ble Supreme Court in the case of Gaurav Kumar Bansal (supra) as well as judgment of this Court in the case of Pradeep Kumar (supra) consequently the order impugned dated 16.03.2024 would run contrary to the aforesaid principles of law as laid down in the aforesaid judgments. 6. Considering the aforesaid and more particularly the law laid down in the judgments in the cases of Gaurav Kumar Bansal (supra) and Pradeep Kumar (supra), the impugned order dated 16.03.2024, a copy of which is Annexure-2 to the petition, is quashed. The writ petition is allowed. 7. The competent authority is directed to reconsider the claim of the petitioner for payment of ex gratia amount as per the rules and keeping in view the observations made above. Let such a consideration be made within a period of 6 weeks from the date of receipt of a certified copy of this order. Order Date :- 9.7.2025/prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench