Court mandates payment of Rs. 50 lakh to widow of employee who ensured power supply to hospitals during the pandemic.
In a landmark judgment, the Allahabad High Court has directed the State of Uttar Pradesh to provide ex-gratia compensation of Rs. 50 lakh to Smt. Pushpa Devi, the widow of a deceased employee of the Madhyanchal Vidyut Vitran Nigam Ltd. (MVVNL), who succumbed to COVID-19 while on duty ensuring uninterrupted electricity supply to hospitals and oxygen plants. The division bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, quashed the impugned order that had previously denied the compensation claim.
The court's decision hinges on a broader interpretation of the term "COVID Warrior," extending it beyond medical staff to include employees in essential services such as electricity supply. The court emphasized the critical role played by such workers during the pandemic, noting that their duties were integral to managing the crisis, even if they were not directly involved in medical treatment.
The petition, filed under Article 226 of the Constitution of India, was driven by the rejection of Smt. Pushpa Devi's claim for compensation under a government order dated 11th April 2020. Her husband, Late Sunder Lal, contracted COVID-19 while performing his duties and passed away on 23rd April 2021. Certificates from the Chief Medical Officer and the Electricity Department confirmed his death due to COVID-19 and his frontline role in power supply maintenance.
The court drew parallels with previous judgments, including cases where employees from the electricity department and other essential services were recognized as COVID Warriors. This pragmatic interpretation aligns with the Supreme Court's guidance against unnecessary remanding of matters, aiming to expedite justice and provide relief without undue delay.
The court's directive to release the compensation within eight weeks underscores the urgency and importance of acknowledging the sacrifices of essential service workers during the pandemic. This judgment sets a precedent for broader recognition and support for non-medical frontline workers, reinforcing their critical contributions to public health and safety.
Bottom line:-
Government employees engaged in essential services, such as electricity supply for hospitals and oxygen plants during the COVID-19 pandemic, are entitled to be treated as COVID Warriors for the purpose of ex-gratia compensation under relevant Government Orders.
Statutory provision(s): Article 226 of the Constitution of India, Government Orders dated 11.04.2020, 22.06.2021
Smt. Pushpa Devi v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2935973
