Facts
The petitioner, the widow of a deceased employee of the Madhyanchal Vidyut Vitran Nigam Ltd. (MVVNL), challenged an order dated 06.10.2022 that rejected her claim for ex-gratia compensation of Rs. 50,00,000.
Source reference: para. 2-3Her husband died of COVID-19 on 23.04.2021 after being assigned duties to ensure uninterrupted power supply to hospitals and oxygen plants.
Source reference: para. 6Despite certifications from the Chief Medical Officer and the Electricity Department confirming his role as a frontline worker, the state rejected the claim, asserting his duties did not constitute "COVID containment or treatment" under the relevant Government Orders.
Source reference: para. 5-6The petitioner sought a writ of certiorari to quash the rejection and a mandamus for the release of payment.
Source reference: para. 2Issues
1. Whether an employee providing essential electricity services to medical facilities during the pandemic qualifies as a "COVID Warrior" for the purpose of ex-gratia compensation under Government Orders dated 11.04.2020 and 22.06.2021.
Source reference: para. 3, 92. Whether the court should remand the matter to the authorities for fresh consideration or grant direct relief given the significant lapse of time.
Source reference: para. 10Law Applied
The court applied Government Orders dated 11.04.2020, 20.05.2020, and 22.06.2021, characterizing them as "subordinate welfare legislation" intended to support those managing the pandemic.
Source reference: para. 8-9It relied on precedents establishing that "COVID Duty" must be interpreted broadly—not just confined to hospital staff—to include essential services like electricity, water, and police (Smt. Premlata Pandey v. State of U.P. and Vipin Kashyap v. State of U.P.).
Source reference: para. 7-8Furthermore, it applied the "consider jurisdiction" doctrine from Mahendra Prasad Agarwal v. Arvind Kumar Singh (2026 INSC 175), which mandates that courts grant justified relief immediately rather than remanding matters when further delay would be counterproductive.
Source reference: para. 10Reasoning
The court reasoned that a "myopic interpretation" of COVID duties would defeat the purpose of the state’s welfare benefits.
Source reference: para. 7Since the deceased ensured power for life-saving equipment and hospitals, his work was integral to the "containment, treatment, and protection" against the virus.
Source reference: para. 6, 9The court noted that multiple certificates from the Electricity Department and the District Magistrate had already recommended the petitioner for the award, proving the deceased was a frontline worker.
Source reference: para. 6In applying the Supreme Court's stance against "remand culture," the bench determined that since the legal right to compensation was clearly established by the facts and prior case law, there was no need for a de novo review by the state.
Source reference: para. 10-11Holding
The court allowed the writ petition and quashed the impugned order dated 06.10.2022.
It held that the deceased was a "COVID Warrior" entitled to protection under the welfare schemes.
Source reference: para. 9Rather than remanding the case, the court issued a mandamus directing the respondents to pay the ex-gratia compensation of Rs. 50 Lakhs to the petitioner within eight weeks.
Source reference: para. 11Original Court PDF
Smt. Pushpa DevivsState Of U.P. Thru. Chief Secy. Revenue Lko. And 2 Others
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