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2025 DAILYLAW 82363 (ALL)

VIJAY KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIC/25874/2025 · 2025-08-11

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136698-DB Court No. - 21 Case :- WRIT - C No. - 25874 of 2025 Petitioner :- Vijay Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Neeraj Singh,Yateesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioner is that his wife Smt. Prabhati Devi at the time of training pertaining to election duty contacted COVID- 19 infection and ultimately died on 26.04.2021. The case of the petitioner is that the respondent-State is therefore, liable to make ex-gratia payment in terms of Government Order dated 01.06.2021. But so far, despite claim having been made by the petitioner no decision has been taken. The prayer made in the instant petition is for direction to the respondents to release the ex- gratia payment in terms of the aforesaid Government Order in favour of the petitioner within a reasonable time. 2. Learned Standing Counsel has invited our attention towards a communication dated 28.12.2024 by District Panchayati Raj Officer, Banda addressed to the Director of Panchayati Raj U.P., Lucknow, wherein it is admitted that the wife of the petitioner died on 26.04.2021, as a result of COVID-19 infection, and the claim was duly made within 30 days from the date of death. It is also admitted that she was assigned election duty in the Panchayati Raj Election, 2021. However, it is stated that respondents are not able to verify whether she actually participated in the training or performed election duties. Therefore, guidance from the Director, Panchayati Raj U.P. Lucknow has been sought. 3. It is also submitted that by Sri Rajiv Gupta, learned Additional Chief Standing Counsel that the Director, Panchayati Raj from whom guidance has been sought, will examine the issue, and take appropriate decision in the matter, expeditiously. 4. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to the Director Panchayati Raj, U.P. Lucknow to issue necessary guidance within three weeks' from the date of communication of the instant order in light of the communication dated 28.12.2024, and thereafter he shall forward his opinion alongwith relevant papers to the respondent No.1 for decision in terms of Government Order dated 01.06.2021 within next twelve weeks. Order Date :- 12.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad