The Lucknow bench of the Allahabad High Court has ordered the Uttar Pradesh government to pay Rs 50 lakh in ex-gratia compensation to the widow of a head constable who died of COVID-19. The court ruled that employees in essential services who worked during the pandemic must be recognized as being on COVID duty.
The division bench of Justices Shekhar B Saraf and A K Chaudhary set aside a state government order from August 27, 2024, which had rejected the compensation claim of Semma Bharti, the widow of late head constable Balwant Pratap. The court directed the state to release the funds within eight weeks.
Official Records Support Claim
Bharti’s claim was filed under a state government order dated April 11, 2020. The state government had previously rejected her application on the grounds that her late husband was not deployed for duties directly linked to the containment, treatment, or prevention of COVID-19.
However, the High Court found that official documentation contradicted the state’s position. Certificates from the police department and the chief medical officer verified that Pratap was deployed for virus prevention, public awareness campaigns, and helping infected individuals. Furthermore, the police department itself had recommended that ex-gratia compensation be paid to his family.
Broad Definition Of Essential Pandemic Duty
Relying on past precedents, the court stated that the term COVID duty should not be interpreted narrowly to cover only healthcare workers treating patients in hospitals.
The bench ruled that government employees in essential departments—such as the police, electricity, water supply, and telecommunications—deserve recognition as COVID warriors. The court noted that these workers played a vital role in maintaining public services during the outbreak, which in turn helped the state control the spread of the virus and supported patient protection. Consequently, the court declared that the deceased head constable fell within the scope of the government’s compensation policy.
