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Home States Uttar Pradesh

Important decision of High Court: Antigen or RTPCR report is not necessary for payment of ex-gratia amount on death due to corona

NHP NEWS by NHP NEWS
April 21, 2022
in Uttar Pradesh
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Amar Ujala Network, Prayagraj

Published by: Vinod Singh
Updated Fri, 22 Apr 2022 12:26 AM IST

Summary

In the case, it was argued on behalf of the petitioner’s advocate Kamal Kumar Kesarwani that the petitioner’s husband Meghnath was working as the headmaster of the primary school, Dehri block, Rampur Manihari district, Saharanpur.

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The Allahabad High Court has said that antigen or RTPCR report is not necessary for payment of ex-gratia amount on death due to corona. If any person who died and symptoms of corona were present in him, then his family members should be paid ex-gratia amount under the mandate dated June 1, 2021. This order has been given by Justice Vivek Kumar Birla and Justice Vikas Budhwar while disposing of Mithilesh’s petition of Saharanpur.

In the case, it was argued on behalf of the petitioner’s advocate Kamal Kumar Kesarwani that the petitioner’s husband Meghnath was working as the headmaster of the primary school, Dehri block, Rampur Manihari district, Saharanpur. He was made the presiding officer in the Panchayat elections 2021. During the completion of election duty on 14 and 15 April 2021, he got infected with Corona. He was treated at District Hospital Saharanpur but his antigen and RTPCR report were not available on the website.

However, all other reports (CT scan and blood test) showed signs of corona infection. But the government refused to pay the ex-gratia amount. It was said on behalf of the DM that the antigen or RTPCR report of the petitioner’s husband is not available on the website.

On this the petitioner approached the High Court of Allahabad. Hearing in the case, a two-judge bench said that merely due to non-availability of antigen or RTPCR report, it cannot be said that death did not result from corona. The court directed DM Saharanpur to settle the claim of compassionate ex-gratia within two months.

Expansion

The Allahabad High Court has said that antigen or RTPCR report is not necessary for payment of ex-gratia amount on death due to corona. If any person who died and symptoms of corona were present in him, then his family members should be paid ex-gratia amount under the mandate dated June 1, 2021. This order has been given by Justice Vivek Kumar Birla and Justice Vikas Budhwar while disposing of Mithilesh’s petition of Saharanpur.

In the case, it was argued on behalf of the petitioner’s advocate Kamal Kumar Kesarwani that the petitioner’s husband Meghnath was working as the headmaster of the primary school, Dehri block, Rampur Manihari district, Saharanpur. He was made the presiding officer in the Panchayat elections 2021. During the completion of election duty on 14 and 15 April 2021, he got infected with Corona. He was treated at District Hospital Saharanpur but his antigen and RTPCR report were not available on the website.

However, all other reports (CT scan and blood test) showed signs of corona infection. But the government refused to pay the ex-gratia amount. It was said on behalf of the DM that the antigen or RTPCR report of the petitioner’s husband is not available on the website.

On this the petitioner approached the High Court of Allahabad. Hearing in the case, a two-judge bench said that merely due to non-availability of antigen or RTPCR report, it cannot be said that death did not result from corona. The court directed DM Saharanpur to settle the claim of compassionate ex-gratia within two months.

Tags: allahabad high courtantigen testantigen test kitcorona updatecoronavirushigh court allahabadLatest Prayagraj News in HindiPrayagrajPrayagraj News in Hindi

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