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Neutral Citation No. - 2025:AHC:21040-DB Court No. - 29 Case :- WRIT - C No. - 26990 of 2022 Petitioner :- Mahini Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Pramod Kumar Srivastava,Vinod Kumar,Vinod Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Petitioner is a widow, who has lost her husband during pandemic COVID-19. The husband of the petitioner was working as a sweeper and was specifically allocated COVID- 19 duties. Since the claim of the petitioner was not considered, the petitioner had earlier approached this court by filing writ petition being Writ C No.8997 of 2022 which came to be disposed of on 06.04.2022. It is, thereafter, that petitioner's claim has been considered and rejected by the District Magistrate, Aligarh vide order dated 18.07.2022 which is impugned in the writ petition. The order impugned records that a committee was constituted to ascertain the fact as to whether the petitioner's husband had died while working as a Corona warrior during pandemic COVID-19. The committee, however, has doubted the death of the petitioner's husband to have occurred during pandemic COVID-19. For this reason, the claim of the petitioner has been rejected. 2. The order of District Magistrate is challenged on the ground that admitted materials on record have not been accorded consideration. Attention of the court has been invited to a certificate issued by the Chief Medical Officer,
Aligarh in the prescribed format clearly mentioning that the death of petitioner's husband was due to pandemic COVID-
19. This document is annexed as Annexure No.4 to the writ petition and has been referred to in paragraph no.13 of the writ petition. In the counter affidavit filed by the State, the contents of paragraph no.13 of the writ petition are not disputed. The petitioner has also annexed a certificate issued by the District Panchayat Raj Officer, according to which, the petitioner's husband was on duty as a COVID-19 warrior. Issuance of this certificate by the District Panchayat Raj Officer, Aligarh is also not disputed. 3.
Once the certificate issued by the district authorities acknowledging the death of deceased husband of petitioner to have occurred due to pandemic COVID-19 is not disputed nor it is disputed that petitioner's husband was assigned COVID-19 duties by the Chief Medical Officer, Aligarh, we fail to understand as to how the claim of the petitioner could be rejected. The death certificate issued to the petitioner's husband acknowledges the death to have occurred due to pandemic COVID-19 infection. The scheme of the Government Order providing for compensation of Rs.50 lakhs to the family members of the deceased Corona warrior is a beneficial scheme and the benefit of such scheme introduced by Government Order dated 11.04.2020 is liable to be extended in terms of the provisions contained in the scheme itself. 4. Since the claim of the petitioner has otherwise been forwarded by the authorities and necessary certificates exist on record to certify the death of petitioner's husband to have occurred while working as a Corona warrior on account of
pandemic COVID-19 infection, the rejection of claim for compensation cannot be sustained. Consequently, the order impugned dated 18.07.2022 is hereby quashed. 5. Accordingly, the writ petition is allowed with a direction upon the respondents to reconsider the petitioner's claim and to release the amount due and payable in terms of the scheme, within a period of two months from the date of presentation of copy of this order. Order Date :- 13.2.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad