# Smt. Pushpa Devi v. State of U.P. & Ors

- **Citation:** (2026) 4 ILRA 1439
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2026-04-17
- **Case number:** Writ C No. 34909 of 2023
- **Bench:** Ajit Kumar, Indrajeet Shukla
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-pushpa-devi-v-state-of-u-p-ors-54344
- **Pages:** 4

## Text

4 All. Smt. Pushpa Devi Vs. State of U.P. & Ors.
1439
20. Learned Standing Counsel is directed to communicate this order to the Respondent
No.2, so that needful may be done and the academic session which is about to ensue, is not lost.

21. Registrar (Compliance) is directed to send a copy of this order to Respondent No.1 to
consider the observation and opinion of this court more specifically stated in Paragraph 12 to 19 ;
and it shall be expected from the Respondent No.1 to further circulate this judgment to all the
District Basic Siksha Adhikari, in the State of U.P., within a period of three weeks from today, for
necessary compliance, and if deems fit, to issue a separate "standard operating procedure",
incorporating the guidelines for processing the online applications form, through the office of Basic
Siksha Adhikari for those parents, who are incapable of applying online for the benefit of Section
12(1)(c) of the Act, 2009, since belonging to weaker sections and disadvantaged groups; and for
want of knowledge, expertise or facility, to apply online.

22. With the aforesaid observations and directions the writ petition stands allowed.
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(2026) 4 ILRA 1439
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.04.2026

BEFORE

THE HON'BLE AJIT KUMAR, J.
THE HON'BLE INDRAJEET SHUKLA, J.

Writ C No. 34909 of 2023

Smt. Pushpa Devi ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

ISSUE FOR CONSIDERATION
Whether employees of essential service departments such as electricity, water supply, telephone, and police,
who discharged duties during the COVID-19 pandemic, are entitled to ex-gratia compensation under the State
Government's scheme when they died due to COVID-19 infection?

HEADNOTES
Civil Law - Constitution of India - Article 14, 21, 226: - Writ Petition under Article 226 - for quashing
impugned rejection order - whereby State Govt. rejected the ex-gratia compensation - petitioner's husband
was assigned duties to maintain electricity supply during pandemic - who died due to COVID-19 infection -
claim of compensation under COVID-19 ex-gratia compensation scheme, to the dependent of deceased
employee of electricity department who died due to COVID-19 infection - claim rejected on ground that
electricity duty not covered under "COVID duty" - Legal question before High Court that, whether essential
service employees (like electricity, water, telephone, police) fall within scope of "COVID duty" under
Government Order dated 11.04.2020 - Court finds that essential service employees contributed directly to
containment, treatment, and protection during pandemic - narrow interpretation by State arbitrary and
violative of Articles 14 and 21 - held - employees of essential services are deemed to be on COVID duty -
therefore, rejection order unsustainable - quashed - writ petition allowed - direction issued to release
ex-gratia compensation within 30 days
(Para - 7, 12, 13, 14)
1440 INDIAN LAW REPORTS ALLAHABAD SERIES
WP Allowed. (E-11)
CASE LAW CITED
Writ-C No. 17575 of 2023 - Smt. Premlata Pandey v. State of U.P. & Ors., (Allahabad HC, 29.05.2023)

LIST OF ACTS
Constitution of India: Article 14 - Government Order dated 11.04.2020 (COVID-19 ex-gratia compensation
scheme).

LIST OF KEYWORDS
COVID duty - ex-gratia compensation - essential services - electricity department - Article 14 - Article 21 -
pandemic containment - right to life - arbitrariness - dignity - govt order - quashed - writ petition - allowed.

CASE ARISING FROM
Rejection order dated 28.07.2023 passed by the State Government denying ex-gratia compensation to the
petitioner under the Government Order dated 11.04.2020 (COVID-19 ex-gratia compensation scheme).
APPEARANCE OF PARTIES
Counsel for Appellant(s): - Shri Ashutosh Kumar Tiwari, Ram Bilas Yadav.
Counsel for Respondent(s): - Shri P.K. Shahi (Additional Chief Standing Counsel), Shri Pankaj Srivastava
(Standing Counsel), Shri Devesh Vikram (for respondent nos. 6 & 7)..

(Delivered by Hon'ble Indrajeet Shukla, J.)

1. Heard Shri Ram Bilas Yadav, learned counsel for the petitioner, Shri P.K. Shahi, learned
Additional Chief Standing Counsel along with Shri Pankaj Srivastava, learned Standing Counsel
for the State respondents and Shri Devesh Vikram, learned counsel for respondent nos.6 and 7.

2. By means of present petition under Article 226 of the Constitution of India the petitioner
has questioned the decision taken by the State Government dated 28.07.2023 rejecting the claim of
ex-gratia compensation to the dependent-petitioner on account of death of Viklesh Gaud due to
covid-19.

3. It is argued by learned counsel appearing on behalf of the petitioner that the husband of
the petitioner since was assigned duties in the electricity department to ensure continue supply of
electricity, and died due to infection of covid-19, the claim of ex-gratia compensation could not
have been rejected on the ground that the duties assigned to the deceased would not have been
taken to be duty on covid-19.

4. It is contended by learned counsel for the petitioner that the word and expression 'covid
roktham, upchar and vachav' i.e. containment of covid pandemic/covid-19 treatment and protection
from infection of covid would not involve the electricity department as a department rendering
services for the said object to be achieved.

5. It is contended that during pandemic covid-19 while the State medical machinery was
running out of its existing strength to meet the requirement and even the private hospitals were
being declared as covid hospitals in city areas and rural areas, the Primary Health Center and the
Community Health Centers were involved, which required oxygen machines and other machines to
be installed beside ventilators to be run on electricity, the electricity became as necessary as water
resources and the medical resources.
4 All. Smt. Pushpa Devi Vs. State of U.P. & Ors.
1441
6. It is contended that the continued electricity supply to be maintained to the hospitals,
Primary Health Centers and Community Health Centers to make the machinery run properly to
ensure that there is a proper care taking and treatment given to the covid patients and the
containment of the covid pandemic also when the people were to undergo quarantine and the
movement on public streets was absolutely restricted then continued water supply and electricity
supply became indispensable.

7. Article 14 and 21, it is contended not only ensures that there is no arbitrariness on the
part of the State authorities or administration including the medical department, its essential
services that would include the electricity, telephone and water supply and this would also attract
Article 21 of the Constitution of India where citizens have the fundamental right to life, not only
with liberty but to live life with dignity. In a situation of pandemic where the entire State
machinery had geared up to ensure that there was no much threat to the life of the ordinary citizens
more especially in the rural areas and sub-urban areas where the medical facilities could not be
provided properly even after efforts of their obligation at optimum level, non-supply of water and
electricity would have had very adverse effect and would have made the life of the citizens
miserable

8. Thus, according to counsel appearing for the petitioner, for the purposes of containment
of pandemic covid-19, treatment of patients, who were covid affected and their protection, which
were the three hallmark points to maintain an application for payment of ex-gratia compensation
announced by the State Government, the duties assigned to the people, in the electricity
department, water supply department, telephone department, police department and such other
essential services departments would amount to and would be taken to be duty assigned in the
covid period for the containment of covid-19, treatment and cure.

9. People may not realize in ordinary days the necessity of telephone services and such
other essential services etc. but continued connectivity also played a great role not only in
connecting the people, who were coming to their Village from far far away places but also ensuring
immediate attention of the doctors for the remote areas. So the people who were working in these
departments were equally deserve to be taken to have worked and discharged duties during covid to
be defined as duty for covid containment cure and treatment.

10. Upon a pointed query being made to the learned Additional Chief Standing Counsel as
to to those, who were discharging their duties during pandemic covid-19, electricity department,
water supply department, telephone department, police department and such other essential
departments would not get covered, learned Additional Chief Standing Counsel could not show any
material from the counter affidavit or otherwise could bring any such document, which would have
justified the order passed by the State Government.

11. We have been apprised by coordinate bench judgement of this Court dated 29.05.2023
passed in the matter of Smt. Premlata Pandey Versus State of U.P. and 3 others, Writ-C
No.17575 of 2023. The said writ petition has been allowed by the coordinate bench granting exgratia compensation to the dependent of deceased, who was working as Head Constable in the
1442 INDIAN LAW REPORTS ALLAHABAD SERIES
police department and died during pandemic covid-19. Paragraph no.9 of the said judgement has
held thus:-

 "9. Husband of the petitioner, Head Constable Ashok Kumar Pandey while working at
Civil Airport Gorakhpur was involved in enforcement of COVID-19 protocol by ensuring social
distancing among the passengers as well as forcing them to undergo corona test. Admittedly, there
is no other force or employees except the policemen at airport who are deputed for this specific
purpose. The State cannot make artificial distinction among its employees to depriving one class of
employees from getting ex gratia compensation on their death despite the fact that they had
received corona infection on duty during COVID-19 period. Every policeman or other government
empoyee who has been discharging his duty during COVID-19 period for enforcing COVID-19
protocol will be deemed to be performing duty for prevention and protection of COVID-19 as
mentioned in Government Order dated 11.4.2020 and if he dies because of corona infection during
discharge of his duty then his dependents will be entitled to receive ex gratia compensation as per
Government Order dated 11.4.2020."

12. In view of the above and in our considered view as well the employees working in the
electricity department, water supply department, telephone department, police department and such
other essential services departments who worked during covid period would be taken to be on
covid duty as their discharge of duties helped the State Government in containing the spread of
pandemic covid-19 virus, treatment of the patients and their protection by keeping them in
confinement.

13. In view of the above, we are unable to sustain the order passed by the State
Government giving a very narrow interpretation to the covid duty only confining those people, who
were specially assigned to discharge their duties in treatment of people physically in hospitals.

14. The writ petition succeeds and is allowed. The order dated 28.07.2023 passed by the
State Government is hereby quashed. The State Government is directed to release the ex-gratia
compensation to the petitioner within a period of 30 days from the date of presentation of certified
copy of this order before it.
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(2026) 4 ILRA 1442
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 16.04.2026

BEFORE

THE HON'BLE AJIT KUMAR, J.
THE HON'BLE INDRAJEET SHUKLA, J.

Writ C No. 37114 of 2023

Kamrunnisha ...Petitioner
Versus
State of U.P. & Ors. ...Respondents