Orissa High Court
Somanath Baghasingh vs ) State Of Odisha ..... Opposite Parties on 29 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11072 of 2025
Somanath Baghasingh ..... Petitioner
Represented By Adv. -
Manoja Kumar Khuntia
-versus-
1) State Of Odisha ..... Opposite Parties
2) Collector, Ganjam Represented By Adv. -
3) Supdt. M.k.c.g. Medical College Ms.Babita Kumari
And Hospital, Berhampur Sahoo,AGA
4) Collector, Ganjam
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.04.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Government Advocate for the State-
Opposite Parties. Perused the Writ Petition as well as the
documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
"It is therefore prayed that the Hon'ble Court may
graciously be pleased to admit the case and call for
the records and after hearing both the parties pass
the following reliefs:
i) To quash the order dated 19.03.2025 under
Annexure-6.
ii) To direct the Opposite Parties to grant ex-
gratia of Rs.50 lakhs and Special Family
Pension as per Finance Department
Resolution no.22099/F dated 04.08.2020.
iii) To pass such other order/orders as would
be deemed fit and proper."
4. Learned counsel for the Petitioner at the outset
contended that the wife of the present Petitioner namely
Prabhabati Behera on being duly selected was engaged as
Staff Nurse in MKCG Medical College Hospital, Berhampur on
contractual basis with effect from 11.10.2010. She further
submitted that on completion of six years of service, she was
regularised in services by the competent authority. She further
submitted that while working as Staff Nurse the Petitioner was
engaged in COVID-19 duty. Furthermore, because of the
exposure to the COVID-19 patient, the wife of the Petitioner
was infected, as a result of which she succumbed to COVID-
19. In the meantime, the Finance Department, Government of
Odisha has issued a Resolution on 04.08.2020 wherein it has
been stated that the COVID warriors who have been died
during COVID-19 duty shall be granted ex-gratia to the tune
of Rs.50,00,000/- and special family pension to such persons
who were in active line of duty in COVID-19. She further
submitted that the wife of the Petitioner was deployed and
discharging her duty in COVID-19 indoor ward. Since the
petitioner died during COVID-19 pandemic due to her
exposure to COVID-19 infected patients, the Petitioner is
entitled to the compensation as has been granted by virtue of
the Government of Odisha Resolution dated 04.08.2020.
Further, she has submitted that since the prayer of the
Petitioner has been rejected by Opposite Parties by virtue of
the order under Annexure-6 to the Writ Petition, the Petitioner
being aggrieved by this order, has approached this Court by
filing the present Writ Petition.
5. In course of her argument, learned counsel for the
Petitioner refers to the Judgment of the Division Bench of this
Court in Writ Appeal No.320 of 2024 decided on 07.04.2025.
By referring to the aforesaid judgment, learned counsel for the
petitioner further argued that the husband of the Petitioner in
that case was working as Pharmacist in the District
Headquarter Hospital, Rayagada and died in COVID-19 duty.
The Division Bench of this Court, while referring to the
Resolution dated 04.08.2020, has been pleased to give a
direction to the Opposite Parties to consider the case of the
Petitioner in terms of the Resolution dated 04.08.2020 by
treating the Petitioner in that case as COVID warrior.
Accordingly, the Division bench set aside the judgment of the
learned Single Judge and the State-Respondents were
directed to extend the ex-gratia payment to the Appellant
widow.
6. Learned Additional Government Advocate on the other
hand contended that although she has no instruction in the
matter however, on perusal of the impugned rejection order
dated 19.03.2025 under Annexure-6, it appears that the
Opposite Parties have considered the case of the Petitioner.
She further submitted that since it was found that the Petitioner
is not eligible for grant of ex-gratia payment the grievance of
the Petitioner has been rightly rejected by the authority.
Learned Additional Government Advocate also submitted that
the Writ Petition does not call for any interference in this case.
She further submitted that in the event the case of the
Petitioner is similar to the one involved in the Writ Petition that
has been disposed of by the Division bench, she will have no
objection if this Court directs the Opposite Parties to consider
the case of the Petitioner in terms of the judgment dated
07.04.2025 delivered in W.A.No.320 of 2024 in the matter of
E.Meerabai Patro v. State of Odisha and others.
7. Considering the submissions of the learned counsels for
the respective parties, on careful examination of the
background facts of the present case and further keeping in
view the judgment dated 07.04.2025 delivered in W.A.No.320
of 2024 ( E.Meerabai Patro v. State of Odisha and others)
this Court deems it proper to dispose of the Writ Petition at the
stage of admission by quashing the impugned rejection order
dated 19.03.2025 under Annexure-6 and further directing the
Opposite Parties to consider the grievance of the Petitioner in
terms of the judgment dated 07.04.2025 delivered by the
Division Bench of this Court in E.Meerabai Patro's case
(Supra) as well as Finance Department Resolution dated
04.08.2020 within a period of three months from the date of
communication of certified copy of this order by the Petitioner
and the grievance of the Petitioner shall be considered and
disposed of by passing a speaking and reasoned order. Final
decision so taken be communicated to the Petitioner within 10
days thereafter.
8. With the aforesaid observation/direction the Writ Petition
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 30-Apr-2025 17:19:03
