Allahabad HC orders Rs 50 lakh compensation for widow of cop who died on Covid duty
The Allahabad High Court ordered the Uttar Pradesh government to pay Rs 50 lakh to the widow of head constable Balwant Pratap, who died of Covid-19 while on pandemic-related duty. It said essential service staff working during the outbreak must be treated as being on Covid duty under the state policy.
The Allahabad High Court has directed the Uttar Pradesh government to pay Rs 50 lakh as ex-gratia compensation to the widow of a head constable who died of COVID-19 while performing pandemic-related duties, holding that government employees engaged in essential services during the outbreak must be treated as being on "Covid duty".
The Lucknow bench of the court quashed the state government's order rejecting the compensation claim of Semma Bharti, the widow of late head constable Balwant Pratap, and directed the authorities to release the amount within eight weeks.
Semma Bharti filed the claim under the Uttar Pradesh government's Government Order dated April 11, 2020. However, the state rejected the claim, saying that the deceased was not engaged in duties related to Covid prevention, treatment or containment.
A bench of Justices Shekhar B Saraf and AK Chaudhary found that official records, including certificates issued by the chief medical officer and the police department, established that Balwant Pratap was deployed for Covid prevention and control, spreading public awareness and assisting infected persons. The court also noted that the police department had recommended payment of ex-gratia compensation to his family.
Relying on its earlier rulings, the court held that the expression "Covid duty" cannot be interpreted narrowly to include only those directly involved in treating patients in hospitals.
The bench observed that government employees serving in the police, electricity, water supply, telephone and other essential services departments during the pandemic should be treated as being on Covid duty because their work helped the state curb the spread of the virus and supported the treatment and protection of patients.
The court said such employees played a crucial role in maintaining essential public services during the pandemic and deserved recognition as Covid warriors. It held that Balwant Pratap clearly fell within the ambit of the government policy providing compensation to employees who contracted COVID-19 while discharging pandemic-related duties.
The court consequently set aside the state government's rejection order dated August 27, 2024, and directed the Uttar Pradesh government to pay Rs 50 lakh in ex-gratia compensation to the deceased head constable's widow within eight weeks.
The Allahabad High Court has directed the Uttar Pradesh government to pay Rs 50 lakh as ex-gratia compensation to the widow of a head constable who died of COVID-19 while performing pandemic-related duties, holding that government employees engaged in essential services during the outbreak must be treated as being on "Covid duty".
The Lucknow bench of the court quashed the state government's order rejecting the compensation claim of Semma Bharti, the widow of late head constable Balwant Pratap, and directed the authorities to release the amount within eight weeks.
Semma Bharti filed the claim under the Uttar Pradesh government's Government Order dated April 11, 2020. However, the state rejected the claim, saying that the deceased was not engaged in duties related to Covid prevention, treatment or containment.
A bench of Justices Shekhar B Saraf and AK Chaudhary found that official records, including certificates issued by the chief medical officer and the police department, established that Balwant Pratap was deployed for Covid prevention and control, spreading public awareness and assisting infected persons. The court also noted that the police department had recommended payment of ex-gratia compensation to his family.
Relying on its earlier rulings, the court held that the expression "Covid duty" cannot be interpreted narrowly to include only those directly involved in treating patients in hospitals.
The bench observed that government employees serving in the police, electricity, water supply, telephone and other essential services departments during the pandemic should be treated as being on Covid duty because their work helped the state curb the spread of the virus and supported the treatment and protection of patients.
The court said such employees played a crucial role in maintaining essential public services during the pandemic and deserved recognition as Covid warriors. It held that Balwant Pratap clearly fell within the ambit of the government policy providing compensation to employees who contracted COVID-19 while discharging pandemic-related duties.
The court consequently set aside the state government's rejection order dated August 27, 2024, and directed the Uttar Pradesh government to pay Rs 50 lakh in ex-gratia compensation to the deceased head constable's widow within eight weeks.
