Allahabad High Court Raps UP Government for Denying Ex Gratia to Minor Orphan, Calls Stand a ‘Mockery of Policy’

The Allahabad High Court has pulled up the Uttar Pradesh government for refusing ex gratia compensation to a boy who lost both his parents in a railway accident, despite the Centre already verifying the claim and releasing its share of relief funds.

A division bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi made the strong remark while hearing the petition of Adarsh Pandey, a minor, seeking release of the compensation announced by both the Central and state governments for dependents of railway accident victims.

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According to the plea, the Centre announced financial assistance of Rs 5 lakh, and the Chief Minister of Uttar Pradesh publicly stated that the state would match the same amount for the next of kin of such victims.

During the hearing, the Union of India submitted in a counter affidavit that it had already made the payment in accordance with the declared policy. In contrast, the state government informed the court that it could not extend relief due to absence of “proof” that the petitioner’s parents died in a railway accident.

The bench took serious exception to the conflicting position, stating in its order dated November 28 that such a stand defeats the announced policy itself and undermines governance.

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The court observed, “This, in our considered view, is making a mockery of policy by those who are in the helm of affairs of the state department when the Central Government has made payment.”

The matter is expected to proceed further on the question of ensuring the relief due to the minor petitioner in terms of both declarations.

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