Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13798 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the order dated 29.1.2021 passed by respondent no.2 namely District Magistrate, Etawah by which the claim of the petitioner for grant of honorarium as per Government Order dated 28.02.2020 was rejected. 2. It is argued by the counsel for the petitioner that since the husband of the petitioner is a farmer, hence he is entitled for the benefit of the aforesaid Government Order but without considering the same, the claim of the petitioner has been rejected only on the ground that the husband of the petitioner was a Government employee in the U.P. Medical University, Saifai. It is argued while placing para no.16 of the writ petition that the husband of the petitioner was working on the basis of contract and as such he could not be treated as a Government employee. It is further argued that pursuant to the order passed by this Court, a supplementary affidavit has been filed by the petitioner in which copy of the khatauni was appended according to which certain lands in the village were in the name of the husband of the petitioner on the basis of the same, the husband of the petitioner was a farmer. It is argued that in this view of the same, the claim of the petitioner was rejected without going through the aforesaid aspect of the matter. 3. On the other hand, it is argued by learned Standing Counsel that the Government Order dated 28.02.2020 will apply only in the case where the death of the farmer is done due to accidental death or disablement of a farmer due to accident. It is argued that nothing has been stated in the entire writ petition that the husband of the petitioner was died due to accident. Hence it is argued that order passed by the respondent no.2 dated 29.1.2021 rejecting the claim of the petitioner is absolutely perfect and valid and does not call for any interference by this Court under Article 226 of the Constitution of India. 4.
When a query was raised from the counsel for the petitioner in this regard Versus Counsel for Petitioner(s) : Ajay Kumar Counsel for Respondent(s) : C.S.C. Sunita Devi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
that whether the husband of the petitioner died due to accident or not, it is argued that he will file a supplementary affidavit in this regard. 5. In this view of the matter and also in the interest of justice, without interfering with the order dated 29.1.2021 passed by respondent no.2, (Annexure No.4 to the writ petition), the present writ petition is disposed of finally permitting the petitioner to submit a fresh representation explaining the facts only to the effect that whether the husband of the petitioner died due to accident or not. In case it is found by the respondent no.2 that the husband of the petitioner died due to accident, he will consider and decide the claim of the petitioner afresh strictly in accordance with the Government Order dated 28.02.2020. October 10, 2025 Gaurav Kuls WRIC No. 13798 of 2021 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad