The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10023 of 2024 Kelu Charana Behera …. -versus- The State of Odisha & Ors. …. Petitioner(s) Mr. Gokha Behera, Adv. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
Order No. ORDER 25.07.2024 05. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner being the father of the deceased/Covid Warrior, has sought for a direction from this Court to the Opposite Parties for granting adequate compensation in his favour. 3. Learned counsel for the Petitioner submits that since the daughter of the Petitioner died due to COVID-19 while working as a Covid attendant in SUM COVID Hospital, the Petitioner approached the authority concerned for granting necessary compensation, which is meant for the family of the Covid Warrior. 4. He further submits that despite several approaches of the Petitioner since the authority concerned did not pay any Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2024 17:31:39 attention to the grievance of the Petitioner, on the earlier occasion the Petitioner preferred a Writ Petition vide W.P.(C) No.27457 of 2022, which was disposed of on 26.10.2022 with a direction to the Principal Secretary, Health and Family Page 1 of 4 Welfare Department, Government of Odisha/Opposite Party No.1 to take a decision on the representation of the Petitioner. 5. At this juncture, learned counsel for the Petitioner alleges that in spite of the direction of this Court in disposal of the above noted Writ Petition, the representation at the instance of the Petitioner has not yet been disposed of. 6. Per contra, learned counsel for the State on instruction submits that though the Petitioner has approached the Opposite Party No.1 for compensation, he has not followed the proper procedure in filing the application. He also contends that in order to get compensation one has to make application as per the guideline dated 20.07.2020 issued by the Health & Family Welfare Department, Government of Odisha. He further draws the attention of this Court to the “Claim Procedure” therein. The said “Claim Procedure” as well as “Documents to be submitted along with the claim Form” is extracted herein below:- “F. CLAIM PROCEDURE In case of death as indicated above, the Head of Office of the deceased person/ Drafting Authority shall facilitate and guide the claimant to initiate the proposal of claim under Insurance Scheme of Govt. of India in Form I or II, as the case may be. Besides, claim shall be simultaneously submitted in Form III attached to these guidelines under the Government of Odisha Scheme if the person was drafted by Government or its agencies to perform COVID-19 related duties and has succumbed to the disease after contacting Corona Virus infection in Page 2 of 4 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2024 17:31:39 his/her active line of duty or meets with accidental loss of life on account of COVID-19 related duty. The claim in Forms I or II, as the case may be, and the Form-III shall be submitted, duly filled in and signed by the claimant, to the medical Superintendent of the person succumbed to COVID-19. the concerned Hospital where The Medical Superintendent, after certifying the appropriate portion, shall forward the forms to the head of the Office/Drafting Authority of the deceased. The head of the Office/Drafting Authority, after making necessary entries, shall forward the forms to the Collector and District Magistrate of the concerned District for countersignature. The Collector, after his countersignature, shall transmit the form to the Competent Authority as notified by the Government in Health & Family Welfare Department. The Competent Authority will transmit the Form I or II, as the case may be, with required documents to the Insurance Company identified by the Government of India for approval and retain the Form-III at its level. the claim is not approved under In case the Competent India Scheme, Government of Authority as notified by the Government in health & Family Welfare Department shall process the claim under Form-III for sanction of the financial assistance of Rs.50 Lakh from Government of Odisha under these guidelines in favour of the eligible claimant and take steps for payment. (The Form I and II and the FAQ of Government of India along with the guidelines of Government of India and Form III of Government of Odisha are annexed to these guidelines). G. Documents to be submitted along with claim form: The claim Form III shall accompany the following documents: 1. Claim form duly filled in and signed by the nominee/claimant 2. Identity proof of the deceased (PAN/AADHAR / Institution ID card / Voter ID card) – self certified by claimant Page 3 of 4 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2024 17:31:39 3. Identity proof of the claimant (spouse / next of Kin)- self certified by claimant 4. Proof for establishment of relationship of the deceased with the claimant – self certified by claimant 5. Laboratory report certifying having tested positive for COVID-19 - self certified by claimant 6. Death summary by the Hospital where death occurred (in case death occurred in hospital) 7. Death Certificate (In original) 8. Post-mortem Report 9. Cancelled Cheque (desirable) (in Original) 10. Certificate in support of engagement by the Government or its authorized agency in form attached to these guidelines.” 7. In the process, learned counsel for the State submits that in order to get compensation the Petitioner has to submit his claim application as per the above procedure. 8. Considering the submissions made on behalf of both the parties and looking to the procedure reflected hereinabove, this Court directs the Petitioner to submit his claim application before the competent authority as per the above procedure, within a month hence and the authority concerned shall consider the same within a period of two months thereafter. 9. This Writ Petition is, accordingly, disposed of. Judge Signature Not Verified Ayaskanta Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2024 17:31:39 (Dr. S.K. Panigrahi) Page 4 of 4