Widow of Deceased Head Constable Entitled to Rs. 50 Lakhs as Court Recognizes COVID Duty Contribution
In a significant judgment dated July 3, 2026, the Allahabad High Court, Lucknow Bench, has quashed an earlier order that denied ex-gratia compensation to the widow of a deceased Head Constable who succumbed to COVID-19 while on duty. This decision marks a pivotal acknowledgment of the sacrifices made by personnel engaged in COVID-19 duties across essential services.
The petitioner, Semma Bharti, had approached the court seeking relief after her claim for compensation under a Government Order dated April 11, 2020, was dismissed. Her late husband, Balwant Pratap, was actively involved in COVID-19 prevention, control, and awareness activities as part of his police duties.
The bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, emphasized the importance of recognizing broader contributions to COVID-19 management beyond direct medical interventions. The court highlighted that duties performed by police personnel, including spreading awareness and assisting infected individuals, constitute COVID Duty under the government order.
The judgment referenced past Division Bench decisions, notably in the cases of Smt. Premlata Pandey and Sadhna Sahu, where claims for compensation were granted under similar circumstances. The court reiterated that a pragmatic interpretation of "COVID Duty" should encompass various essential services, including police, electricity, water supply, and telecommunications, which collectively contributed to the containment and management of the pandemic.
In a move away from routine remanding practices, the court directly ordered the payment of Rs. 50 Lakhs to Semma Bharti within eight weeks, underscoring the Supreme Court's stance against delaying justified claims. The court acknowledged the prolonged delay in settling the claim and emphasized the need for prompt resolution in cases where legal rights are clear and justified.
This ruling not only provides relief to the petitioner but also sets a precedent for recognizing the diverse roles played by government employees during the pandemic as integral to public health efforts. The decision reaffirms the judiciary's role in ensuring equitable treatment for those who served as COVID Warriors.
The case, titled Semma Bharti v. State of U.P., serves as a reminder of the judiciary's commitment to upholding justice for frontline workers who risked their lives in the fight against COVID-19.
Bottom line:-
Ex-gratia compensation under Government Order dated 11.04.2020 - A police officer who contracted COVID-19 while performing duties related to prevention, control, and management of the pandemic is entitled to ex-gratia compensation as per the said Government Order.
Statutory provision(s): Article 226 of the Constitution of India, Government Order dated 11.04.2020
Semma Bharti v. State of U.P, (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2937028
