Court No. - 40
Case :- WRIT - C No. - 31811 of 2021 Petitioner :- Smt. Shobha Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jay Prakash Gupta Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner has lost her husband, who was a contractual Bus Conductor in respondent-U.P. State Road Transport Corporation, due to COVID-19 and claims for payment of compensation.
Reliance is placed upon the Government Order dated 11th April, 2020 to submit that petitioner is entitled to ex-gratia compensation amount of Rs. 50,00,000/- in terms of the Government Order dated 11th April, 2020.
Sri S.K. Mishra, learned counsel for respondent nos. 2 and 3 states that petitioner's husband was a contractual employee and, therefore, such claim would not be maintainable.
We find that Clause 4 of the Government Order includes different category of employees including those engaged on contractual basis in the employment of government departments or corporations. In such circumstances, claim of the petitioner for payment of compensation is required to be examined by the competent authority in accordance with law. Such claim shall be accorded consideration by the second respondent and in case matter needs to be referred to any other authority, it shall forward to the competent authority for taking an appropriate decision in the matter within three months.
Writ petition stands disposed of accordingly.
Order Date :- 17.12.2021 VMA