Court No. - 40
Case :- WRIT - C No. - 29182 of 2021 Petitioner :- Sangeeta Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Mother of the petitioner was a Safai Karmi who is said to have died due to COVID-19 on 27.4.2021. It is alleged that being a corona warrior petitioner is entitled to payment of ex gratia compensation in terms of the Government Order dated 1.6.2021 and denial of benefit in that regard, in the facts and circumstances, is arbitrary.
Learned Standing Counsel has obtained instructions, according to which, no Antigen/RTPCR report has been annexed in support of the contention that petitioner's mother died due to COVID-19 and the CT Scan report issued by the Charak Diagnostic Centre, Jaunpur, is not conclusive.
Government order dated 1.6.2021 clearly provides in para 12 that where Antigen or RTPCR report is not available, the determination of COVID-19 can always be based on CT Scan Report. It is admitted by the respondents, as per instructions, that such CT Scan Report has been placed before the authorities.
We are therefore of the view that the respondents are required to examine petitioner's claim for payment of ex gratia amount by taking into consideration the CT Scan Report, as also stipulations in the Government Order dated 1.6.2021.
In the facts of the case, we direct the third respondent to accord consideration to the petitioner's claim in terms of the Government Order dated 1.6.2021 within a period of two months from the date of presentation of copy of this order.
Liberty stands reserved to the petitioner to annex all materials along with CT Scan Report while submitting copy of this order before the District Magistrate, Jaunpur.
With the above observation/direction this writ petition stands disposed off.
Order Date :- 20.12.2021 VMA