Orissa High Court
Kanak Behera vs State Of Odisha & Ors. ..... Opposite ... on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31024 of 2024
Kanak Behera ..... Petitioner
Represented By Adv. -
Rajiba Bihari Mishra
-versus-
State Of Odisha & ors. ..... Opposite Parties
Represented By Adv. -
M.R.Mohanty, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.01.2025
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:
"In light of the aforementioned facts and
circumstances, the lady petitioner therefore
humbly prays that Your Lordships may
graciously be pleased to issue a Writ of
Mandamus or any other appropriate writ(s)
commanding Opposite Party No. 1 and 3 to
release the ex-gratia payment with interest
thereon to the petitioner within a specified
timeframe as deemed fit by this Hon'ble Court;
AND
ii) Pass such other order(s) as this Hon'ble
Court deems fit and proper in the interest of
justice."
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, SCB Medical College & Hospital, Cuttack.
Learned counsel for the Petitioner further submitted that although
she has filed an application before the District Disaster Management
Authority-cum-Collector, Puri on 10.08.2022 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. Being aggrieved by such inaction of the District Disaster
Management Authority-cum-Collector, Puri, the present Petitioner
has approached this Court by filing the present writ application.
5. 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.
6. 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 District Disaster Management
Authority-cum-Collector, Puri along with an appropriate application
for grant of ex-gratia payment as per the guidelines. In such
eventuality, the learned District Disaster Management Authority-
cum-Collector, Puri 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.
7. With the aforesaid observations/directions, the writ petition
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
Anil
Location: High Court of Orissa
