Orissa High Court
Manjulata Moharana vs State Of Odisha And Others Opposite ... on 27 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18758 of 2024
Manjulata Moharana Petitioner
Mr. Bijaya Kumar Nayak, Advocate
-versus-
State Of Odisha and others Opposite Parties
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
27.01.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"The petitioner humbly pays that this Hon‟ble
Court may graciously be pleased to issue Rule
Nisi calling upon the Opp. Parties, especially to
the Opp. Party No.3 to show cause as to why,
the „Official Document of Covid 19 Death‟ shall
not be issued immediately enabling the
petitioner to get the ex-gratia amount of
Rs.50,000/- in respect of the deceased husband
of the petitioner.
AND
As to why the representation under Annexure-
6 shall not be disposed of by the Opp. Party
No.2 immediately."
4. It is stated by learned counsel for the Petitioner that the
husband of the present Petitioner died due to Covid-19. He further
contended that a medical certificate which has been issued by the
Medical Superintendent, Hitech Covid Care Centre, Bhubaneswar.
Learned counsel for the Petitioner further submitted that although
she has filed an application before the Collector, Nayagarh on
28.05.2024 praying for grant of ex-gratia of Rs.50,000/- (Rupees
Fifty Thousand) as her husband died due to COVID-19. However,
such application has not been attended to and the same has not been
considered and disposed of till date.
5. Being aggrieved by such inaction of the Collector, Nayagarh,
the present Petitioner has approached this Court by filing the present
writ application.
6. Learned counsel for the State on the other hand referred to the
guidelines issued by the National Disaster Management Authority in
respect of ex-gratia assistance to the next of kin of the deceased by
COVID-19. Further, referring to the judgment of the Hon'ble
Supreme Court dated 30.06.2021 in W.P.(Civil) No.539 of 2021 and
W.P.(Civil) No.554 of 2021, submitted that the death certificate has
not been issued by the competent authority. Additionally, referring
to Para-9 of the aforesaid guidelines, learned counsel for the State
submitted that in case of any grievance with regard to the death
certificate, a committee at the district level consisting of the
Additional District Collector, Chief Medical Officer of Health
(CMOH), Additional CMOH/ Principal or HOD Medicine of a
Medical College and a subject expert shall examine the case and
take necessary remedial measures including issuance of amended
Official Document for COVID-19 death, after verifying the facts in
accordance with the guidelines. In such view of the matter, learned
counsel for the State submitted that the Petitioner should have
approached the committee first before approaching the Collector for
paying ex-gratia amount as provided in the guidelines. On such
grounds, learned counsel for the State submitted that the present writ
application is not maintainable.
7. Having heard the learned counsels appearing for the
respective parties, on a careful examination of the background facts,
further on a careful scrutiny on the guidelines issued by the National
Disaster Management Authority, this Court deems it proper to
dispose of the writ application at the stage of admission by granting
liberty to the Petitioner to approach the district level committee as
mentioned in Para-9 of the guidelines for redressal of his grievance.
In the event, the Petitioner approaches the district level committee as
mentioned in the guidelines within a period of two weeks from
today, the district level committee shall do well to consider the
grievance of the Petitioner by passing necessary order within a
period of four weeks from the date the Petitioner approaches the
committee. It is further directed that in the event it is found that the
correct death certificate has been issued in favour of the Petitioner,
the Petitioner shall then approach the Collector, Nayagarh along
with an appropriate application for grant of ex-gratia payment as per
the guidelines. In such eventuality, the learned Collector, Nayagarh
shall do well to consider and dispose of the application of the
Petitioner within six weeks from the date of receiving of such
application. Any decision taken by the aforesaid authority shall be
communicated to the petitioner within ten days from the date of
taking of such decision.
8. With the aforesaid observations/directions, the writ petition
stands disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack Page 4 of 4.
