Smt. Rani Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 10802 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 13 th OF JULY, 2023
                                              WRIT PETITION No. 1851 of 2023

                           BETWEEN:-
                           SMT. RANI VERMA W/O LATE SHRI PANKAJ VERMA,
                           AGED ABOUT 36 YEARS, OCCUPATION: TEMPORARY
                           ASSISTANT GRADE-III, TALWANA VIBHAG, DISTRICT
                           AND SESSIONS COURT SHAJAPUR, M.P.R/O HOUSE NO.
                           17, WARD NO. 25, ADARSHNAVEEN NAGAR,
                           MULIKHEDA ROAD, SHAJAPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI BHAVISHYA SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    COLLECTOR / DISTRICT MAGISTRATE SHAJAPUR
                                 (MADHYA PRADESH)

                           3.    THE NODEL OFFICER COVID 19 DISTRICT
                                 HOSPITAL   COVID   19 DISTRICT HOSPITAL
                                 SHAJAPUR (MADHYA PRADESH)

                           4.    PRINCIPAL DISTRCT AND SESSIONS JUDGE
                                 OFFICE DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI PRANAY JOSHI - P.L.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

The present petition is filed under Article 226 and 227 of the Constitution of India, being aggrieved by the order dated 15/9/2021 passed by respondent Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 13-07-2023 18:13:54

No.4 whereby the petitioner's application for grant of benefit under the scheme of Chief Minister Covid-19 Vishesh Anugrah Yojana has been rejected on the ground that the petitioner has not produced RTPCR/RAT report in relation to the death of her husband, Late Shri Pankaj Verma, who was posted as Assistant Grade - III in District and Sessions Court, Shajapur. The deceased passed away due to Covid-19 on 7/5/2021 and the petitioner applied under the aforesaid scheme on 29/6/2021 which has been rejected by the impugned order.

2. Counsel for the petitioner submits that though RTPCR/RAT report from recognized lab was not filed but the CT scan of the petitioner, Annexure, P-4 clearly indicates that CORAD grade of the deceased was 5 and as per the

CORADS classification CORAD-5 comes in the level of suspicion "very high" and finding is "typical Covid-19". He further submits that the Nodal Officer, Covid-19, District Hospital, Shajapur also confirmed the claim of the petitioner through his finding which is reproduced as under:-

Mr. Pankaj UHID 20210036436 dt.8-4-21 came with the chief complaint of breathlessness and cough with SPO2 90% Investigatory finding RTPCR tive, HRCT tive treatment given, antibiotics, analgesic anticoagulacts and supportive therepy according to covid protocol.

.........B/c involvement of lungs.

3. Counsel for the State opposes the prayer and submitted that as per the scheme, the person is eligible for benefits under the scheme only when he is in possession of RTPCR/RAT report from a recognized medical lab to prove that the deceased was Covid-19 positive. Since, the petitioner has failed to file the said certificate as per clause 4.1 of the scheme, therefore, her claim has been rightly rejected by the respondents.

4. Counsel for the petitioner submits that the aforesaid clause has to be

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 13-07-2023 18:13:54

interpreted. In support of his submission he has placed reliance on a judgment d ated 10/11/2022 passed by a co-ordinate Bench of this Court in WP No.15662/2021(Leela Surana Vs. State of M.P and others) wherein this Court relying on CT scan and CORADS classification held that CT scan report and the documents are sufficient to establish that the deceased died due to Covid-19. Thus, when there is sufficient material to establish that the deceased suffered from Covid-19 and died because of the same, the claim cannot be denied.

5. After hearing learned counsel for the parties and taking into consideration the certificate of the Nodal Officer, the CT scan report of the petitioner's husband wherein his CORAD classification is 5 which indicates level of suspicion "very high" and CT scan finding is "typical Covid-19", I am of the view that there is sufficient evidence to establish that the deceased died due to Covid-19. Clause 4.1 of the Scheme has already been interpreted by a co-ordinate Bench of this Court in Leela Surana (supra).

6. In view of the aforesaid, the impugned order dated 15/9/2021 is hereby quashed. The respondents are directed to grant the benefit of the said scheme to the petitioner, who is a widow and has lost her husband, within period of one month from the date of receipt of copy of the order passed today.

7. With the aforesaid, the petition is allowed and disposed off.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 13-07-2023 18:13:54