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2025 DAILYLAW 131831 (ALL)

NEELESH VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF PANCHAYTI RAJ LKO. AND ANOTHER

WRIA/3583/2025 · 2025-04-07

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19373 Court No. - 3 Case :- WRIT - A No. - 3583 of 2025 Petitioner :- Neelesh Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Panchayti Raj Lko. And Another Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Onkar Singh, learned counsel for the petitioner and Dr. Uday Veer Singh, learned Additional Government Advocate for the State-respondents. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of cetiorari quashing Clause-14 of the Government Order dated 01.06.2021 (Annexure No.1), so far as it made compulsorily applied on-line in portal for Ex-gratia payment in cases of death, till 15.06.2021. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of the petitioner for ex-gratia payment of Rs.30.00 lacs, ignoring the condition of clause-14 (so far as it made compulsorily applied on-line in portal for Ex-gratia payment in cases of death, till 15.06.2021) of Government Order dated 01.06.2021, to the petitioner. (iii) to issue any other writ, order or direction of a suitable nature commanding the opposite parties to forthwith disburse the ex-gratia amount of Rs.30.00 lacs along with interest at such rate as may be specified by this Hon'ble Court within a period to be specified by this Hon'ble Court." 3. Learned counsel for the petitioner has submitted that husband of the petitioner died on 29.04.2021 on account of Pandemic-19 (Corona). The petitioner could not apply for payment of ex- gratia amount in terms of the Government Order dated 01.06.2021 through on-line. However, she preferred her representations dated 01.08.2024 and 16.08.2024 to the District-Magistrate concerned, but no decision has been taken on the same till date. 4. Learned counsel for the petitioner has further submitted that the petitioner is entitled to get ex-gratia payment but no appropriate decision has been taken by the Competent Authority may be for the reason that she has not preferred her representation through on-line. However, no specific direction to that effect has been received to the petitioner or by the learned Additional Chief Standing Counsel. 5. Be that as it may, if the petitioner is found entitled for grant of ex-gratia payment, her representations may be considered strictly in accordance with law. 6. Liberty is given to the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the District Magistrate, Aligarh taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents in support of her claim including the order/ judgment, if any, passed by this Court in a similar circumstances within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 7. In view of the aforesaid terms, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 7.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench