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Neutral Citation No. - 2025:AHC:31672-DB Court No. - 29 Case :- WRIT - C No. - 6393 of 2025 Petitioner :- Vimla Devi Respondent :- State Of U.P. And 5 Other Counsel for Petitioner :- Dheerendra Kumar,Karma Singh Yadav,Satya Pal Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. The claim of the petitioner for ex gratia amount on account of death of her husband due to COVID-19 during his engagement in panchayat election has been rejected by the authority concerned after returning a finding that no material has been placed on record to substantiate that the deceased died due to COVID-19. This finding is challenged on various grounds.
Learned counsel for the petitioner states that the husband of the petitioner was on election duty till 4th May, 2025 and he was admitted in the hospital due to shortage of breath on 10th May,
2025. He died on 12th May, 2025. It is submitted that this aspect of the matter has not been considered. Learned Standing Counsel submits that materials in support of the petitioner's claim were never placed before the authority. Without entering into the correctness or otherwise of the order, we are of the view that since the scheme of the State is a beneficial scheme, it would be appropriate to grant one further opportunity to the petitioner to place all materials in support of her claim that the deceased died due to COVID-19. Such material would be furnished along with a copy of this order before the District
Magistrate, Budaun. The District Magistrate is requested to get the claim of the petitioner reconsidered and fresh decision would be taken with regard to the petitioner's claim for release of ex gratia amount. Such decision would be taken within two months of such furnishing of proof in respect of death during COVID-19. The
order impugned in the writ petition shall not come in the way of a fresh consideration of petitioner's claim, in the light of the above direction, and shall abide by the fresh order to be passed by the District Magistrate. The writ petition is, accordingly, disposed of.
Order Date :- 5.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad