The Allahabad High Court has directed the Uttar Pradesh government to pay Rs 50 lakh in ex-gratia compensation to the widow of a head constable who died after contracting Covid-19 while on duty during the pandemic.
Setting aside the state’s earlier decision to reject the claim, the Lucknow Bench ruled that employees engaged in essential public services during the Covid-19 outbreak must be considered as being on “Covid duty” under the state’s compensation policy.
The case was filed by Semma Bharti, wife of late head constable Balwant Pratap, whose request for compensation under the Uttar Pradesh government’s April 11, 2020 policy was turned down. Authorities had argued that the constable was not directly involved in Covid treatment or containment activities.
However, the Bench of Justices Shekhar B. Saraf and A.K. Chaudhary observed that official records, including certificates issued by the police department and the Chief Medical Officer, confirmed that Balwant Pratap had been deployed for Covid-related responsibilities such as public awareness, prevention measures and assisting infected individuals. The police department had also recommended that his family receive the ex-gratia payment.
The court further noted that the term “Covid duty” cannot be interpreted narrowly to include only healthcare workers. It said police personnel and employees from other essential services such as electricity, water supply and telecommunications also played a critical role in maintaining public order and ensuring uninterrupted services during the health crisis.
Calling such personnel “Covid warriors”, the High Court held that they were equally entitled to the benefits provided under the government’s policy if they contracted the virus while performing pandemic-related duties.
The court quashed the state’s August 27, 2024 rejection order and directed the Uttar Pradesh government to release the compensation amount to the deceased constable’s widow within eight weeks.
