Allahabad High Court expands ‘Covid duty’ definition, orders ex-gratia relief for electricity worker’s kin
The petitioner-wife had challenged before the Allahabad High Court a UP government order rejecting her claim for ex-gratia relief citing that the deceased was not specifically engaged in Covid duty.
Employees in the electricity, water supply, police and other essential departments who worked during the Covid period would be deemed to be on Covid duty, the court held. (AI-generated image) Allahabad High Court news: Observing that employees working in essential services such as electricity, water supply and telephone departments during the Covid-19 pandemic would be deemed to be on “Covid duty”, the Allahabad High Court has directed the authorities to release ex-gratia compensation to the wife of a man who succumbed to a Covid infection while serving in the electricity department.
A bench of Justices Ajit Kumar and Indrajeet Shukla noted that the Uttar Pradesh government’s interpretation of ‘Covid duty’ was ‘very narrow’ as it was confined only to those directly engaged in hospital treatment.
Justices Ajit Kumar and Indrajeet Shukla quashed the state government’s order rejecting compensation.
“We are unable to sustain the order passed by the State Government giving a very narrow interpretation to the covid duty only confining those people, who were specially assigned to discharge their duties in treatment of people physically in hospitals,” the Allahabad High Court noted in its order dated April 17.
Plea for compensation
The petitioner had challenged a state government order dated July 28, 2023, rejecting her claim for ex-gratia compensation on the ground that the victim was not specifically engaged in Covid-related duties.
It was further argued that during the pandemic, uninterrupted electricity supply had become indispensable for hospitals, primary health centres and community health centres where oxygen machines, ventilators and other life-saving equipment were being operated.
It was further contended that during lockdown and quarantine restrictions, essential services such as electricity, water supply and telecommunications played a critical role in the containment of the pandemic and the protection of citizens.
The counsel for the petitioner urged that the non-supply of water and electricity during Covid would have had a very adverse effect and would have made the life of the citizens miserable.
‘No material to justify rejection’
- Upon a query made to the additional chief standing counsel as to whether those who were discharging their duties in essential departments such as electricity, water supply, telephone department, would not get covered, the Allahabad High Court found that no material on record could justify the state government’s order rejecting the compensation claim.
- It referred to the judgment passed by its co-ordinate bench wherein the court had granted ex-gratia compensation to the dependent of the deceased, who was working as a head constable in the police department and died during the Covid-19 pandemic.
- Considering the decision, the Allahabad High Court held that employees working in the electricity, water supply, telephone, police department and such other essential services departments who worked during the Covid period would be deemed to be on Covid duty.
- The court remarked that their discharge of duties helped the state government to contain the spread of the pandemic, carry out treatment of the patients and ensure their protection by keeping them in confinement.
- The Allahabad High Court quashed the state government’s order rejecting compensation and directed the authorities to release the ex-gratia amount to the petitioner within 30 days.
- “The writ petition succeeds and is allowed. The order dated 28.07.2023 passed by the State Government is hereby quashed. The State Government is directed to release the ex-gratia compensation to the petitioner within a period of 30 days,” the bench ruled.
Share
