Death due to election: GO restricting disputed time period to 30 days, HC requests government response


The Allahabad High Court Lucknow Bench has ordered the state government to file a response to a petition challenging its order regarding the filing of Covid-19 compensation claims by government employees. The government decree (GO) limits the deadline for claiming compensation to 30 days for government employees who have died from Covid-19 after being assigned to electoral duties.

A single judge bench, Manish Mathur, declared on November 24: “It is argued that paragraph 12 of the government ordinance of 01.06.2012, however, limited this period to only 30 days for government employees who were assigned to electoral duties. .

“And provides that compensation would only be granted in the event of death within 30 days of the discovery of the person positive for Covid. It is argued that such fixing of the time period is completely arbitrary and unreasonable and is also in the teeth of the instructions issued by the Supreme Hon’ble Court, ”the court added.

“The high court took the issue seriously. By accepting the petition, the court gave the state government three weeks to file a counter affidavit, ”said lawyer Sharad Pathak, who represented the petitioner in court.

Dileep Kumar Yadav, a primary school teacher in Ambedkar Nagar district, died on day 31 of Covid-19 after being assigned to the elections. Kushlawati, the wife of the deceased, was denied compensation because the GO had limited the time limit to 30 days to be eligible for compensation.

Government statistics say …

According to the state government, 2,128 government employees died during the election, of which 2,097 succumbed to Covid-19 while 31 others died from other causes.

In Uttar Pradesh, the Panchayati Raj elections were held this year in four phases from April 15 to 29. The vote count took place on May 2.

Almost 95% of government employees assigned to election duties who died from Covid-19 were teachers. The government initially planned ??30 lakh as a courtesy, but that only covered the day the employee was on election service.

By this criterion, only 74 staff members died (40 from Covid-19 and 34 from other reasons) during the elections.

The government subsequently changed the definition of electoral duty to accommodate more staff by increasing the period of service to 30 days.


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