Allahabad High Court
Dr. Sandeep Pandey vs U.O.I. Thru. Ministry Of Home ... on 27 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- P.I.L. CIVIL No. - 10341 of 2021
Petitioner :- Dr. Sandeep Pandey
Respondent :- U.O.I. Thru. Ministry Of Home Affairs,New Delhi & Ors.
Counsel for Petitioner :- Rajat Rajan Singh
Counsel for Respondent :- A.S.G.,C.S.C.
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the petitioner and perused the records.
In this Public Interest Litigation, the petitioner has sought the following reliefs:-
"(i) to issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.2 to review and re-formulate the National Plan for Disaster Management, as per the requirements and needs of COVID19 Pandemic.
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.5 to review and re-formulate the U.P. State Plan for Disaster Management, as per the requirements and needs of COVID 19 Pandemic.
(iii) to issue a writ, order or direction in the nature of Certiorari quashing the modified notification no. 33 4/2020-NDM-1 dated 14.03.2020, as contained in ANNEXURE NO.3, so far as provision for Ex-gratia payment COVID 19. same deletes the to victims of
(iv) to issue a writ, order or direction in the nature of Mandamus directing the Central and State Government to formulate a scheme for payment of Ex Gratia/ Compensation amount to family of the deceased person, who lost is life due to COVID 19.
(v) to issue a writ, order or direction in the nature of Mandamus directing the State Government to make arrangements for serious Non-COVID patients at a separate facility.
(vi) to issue a writ, order or direction in the nature of Mandamus directing the State Government and all testing labs to provide RTPCR report of COVID 19 through Whatsapp immediately, without waiting for uploading the same on ICMR portal.
(vii) to issue a writ, order or direction in the nature of Mandamus directing the State Government and all testing labs to upload the report of RTPCR on ICMR portal within 24 hours of providing report to the patient on Whatsapp.
(viii) to issue any other writ, order or direction which this Hon'ble Court may deem just and proper in circumstances of the case;
(ix) to allow this writ petition."
Learned counsel for the petitioner informs that the Hon'ble Supreme Court in the case of Reepak Kansal Vs. Union of India and others (Writ Petition (Civil) No. 554 of 2021) along with the connected Writ Petition No. (Civil) No. 539 of 2021 (Gaurav Kumar Bansal Vs. Union of India and others) vide judgment and order dated 30.6.2021 has disposed of the writ petitions with certain directions. The operative portion of the order is reproduced below:-
"16. In view of the above and for the reasons stated above, we dispose of the present writ petitions with the following directions:
1) We direct the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster ?Covid 19 Pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19. However, what reasonable amount to be offered towards ex gratia assistance is left to the wisdom of National Authority which may consider determining the amount taking into consideration the observations made hereinabove, such as, requirement/availability of the fund under the NDRF/SDRF for other reliefs and the priorities determined by the National Authority/Union Government and the fund required for other minimum standards of relief and fund required for prevention, preparedness, mitigation and recovery and other reliefs to carry out the obligation under DMA 2005. The aforesaid exercise and appropriate guidelines be recommended, as directed hereinabove, within a period of six weeks from today;
2) The Appropriate Authority is directed to issue simplified guidelines for issuance of Death Certificates/official document stating the exact cause of death, i.e., "Death due to Covid-19", to the family members of the deceased who died due to Covid-19. While issuing such guidelines, the observations made hereinabove in paragraph 13 be borne in mind. Such guidelines may also provide the remedy to the family members of the deceased who died due to Covid-19 for correction of the death certificate/official document issued by the appropriate authority, if they are not satisfied with the cause of death mentioned in the death certificate/official document issued by the appropriate authority; and
3) The Union of India to take appropriate steps on the recommendations made by the Finance Commission in its XVth Finance Commission Report bearing in mind paragraph 8.131 in consultation with other stakeholders and experts.
17. As a sequel to the above, all pending interlocutory applications also stand disposed of."
In view of above, the instant writ petition is disposed of in terms of the directions mentioned hereinabove.
Order Date :- 27.7.2021
Arjun/-
