The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 23242 OF 2024 (An application under Article 226 and 227 of the Constitution of India) Bharati Satpathy * * * * -versus- …. Petitioner State of Odisha and others …. Opp. Parties Advocates appeared:
Legal Reasoning
For Petitioner : Mr. Niranjan Singh, Advocate For Opp. Parties : Mr. Deepak Kumar Sahoo, Additional Standing Counsel CORAM:
Decision
JUSTICE K.R. MOHAPATRA --------------------------------------- Heard and disposed of on 06.12.2024 --------------------------------------- JUDGMENT 1. This matter is taken up through hybrid mode. 2. The Petitioner, being the widow of late Satyabadi Dehury, former Constable in Odisha Police Service, claims ex- gratia of Rs.50.00 lakh and special family pension as per the provision made in Finance Department Resolution No.22086 dated 4th August, 2020, in this writ petition. 3. It is submitted by Mr. Singh, learned counsel for the Petitioner that late Satyabadi Dehury (inadvertently stated as Satyabadi Behera in the cause title of the writ petition) was appointed as a Constable on 5th May, 1999 in Odisha Police Page 1 of 7 Service. In course of his employment, he was attached to HRMS Section, Angul vide D.O. No. 445 dated 9th April, 2016 and was directed to work at Reserve Office, Angul for HRMS under the control of Reserve inspector of Police, Angul. While continuing as such, he was tested COVID positive on 25th August, 2021 while on duty. But, most unfortunately, while undergoing treatment at Pradhan Nursing Home (at present Surendra Hospital, Angul), his health condition deteriorated due to COVID infection of his lungs and he was referred to Care Hospital, Bhubaneswar and then to Aditya Aswini Hospital, Bhubaneswar. While undergoing treatment at Government COVID Care Centre, i.e., Aditya Aswini Hospital, Bhubaneswar, the treating Medical Officer declared him dead on 12th October, 2021 at about 10.15 P.M. Death Certificate of the husband of the Petitioner has been annexed as Annexure-2 to the writ petition. Accordingly, Superintendent of Police, Angul issued certificate dated 24th November, 2021 (Annexure- 3) stating as under: “This is to certify that Sri Satyabadi Dehury, son of Rabindra Dehury, age 44 years, resident of At/P.O. Basantapur, P.S. Chhendipada, Dist. Angul, Odisha was engaged at Reserve Office, Angul vide Angul D.O. No. 445 dtd. 09.04.2016 as Constable of Police (designation) from 16.08.2020 to 25.08.2020 (Date of test) and he was assigned duty at Reserve Office to update the Service Books and all other HRMS related works. Being a part of Reserve Office, he was always exposed to infection as most of the COVID-19 related deployment is done from the office which is COVID 19 management related duty.” Page 2 of 7 Thus, the certificate under Annexure-3 clearly reveals that the husband of the Petitioner was always exposed to infection as most of the COVID-19 related deployment was being done from the said office, which was a COVID-19 Management related duty. On his death, the Petitioner being the widow applied for grant of ex-gratia and special family pension under the Finance Department Resolution (Annexure-7). It is alleged that the Home Department vide its Letter No.22694/SAPW, Bhubaneswar dated 7th July, 2022 (Annexure-6) rejected her application. 3.1 Mr. Singh, learned counsel for the Petitioner further submits that the certificate under Annexure-3 granted by the Superintendent of Police, Angul clearly discloses that the husband of the Petitioner was a COVID warrior as per the provisions of the Government resolution under Annexure-7 (Annexure-D/2 to the counter affidavit). But, most unfortunately, the Government of Odisha, Home Department, Bhubaneswar in its letter under Annexure-6 rejected her application. Hence, the Petitioner finding no other alternative has filed this writ petition for the aforesaid relief. 4. Mr. Sahoo, learned Additional Standing Counsel submits that the husband of the Petitioner was never certified to be the COVID Warrior when he was working in the Reserve Office and deployed for COVID-19 enforcement duty. Thus, drawing attention to Clause-2 of the said notification under Annexure-7, Mr. Sahoo, learned Additional Standing Counsel submits that the Petitioner is not entitled to the relief sought for. Page 3 of 7 5. Considering the rival contentions of the parties and on perusal of the record, the question that requires to be answered in this case as to whether the Petitioner being the widow of late Satyabadi Dehury, Constable, who died in COVID-19, is entitled to ex-gratia of Rs.50.00 lakh and special family pension in view of the provisions of the Finance Department Resolution dated 4th August, 2020 under Annexure-7 to the counter affidavit. Clause-2 and 3 of the said Resolution is relevant for our consideration, which reads as under: or Commissioner “2. The Collector or S.P. of the District, Municipal Commissioners of Police, authorized Officers of Health and Family Welfare Department or Special Relief Commissioner will certify the deployment. District level Medical Officer of Health and Family Welfare Department will certify cause of death of the Government servant in active line of duty to be Covid-19 infection. 3. The following conditions need to be satisfied for determination of active line of duty – to its authorized perform COVID-19 (i) That the Government employee was drafted field by Government or by formations related duties/responsibilities. (ii) That he/she succumbed to disease due to COVID-19 infection. (iii) infection should have occurred while in active line of duty and the employee should not be on leave from the duty. The COVID-19 Provided that if the Government employee is detected COVID-19 positive within 30 days of his/her last day of COVID-19 related duty, it will be deemed that he/she was infected during active line of duty. Authorized persons as mentioned at para-2 above need to certify that the person was on duty during the last 30 days when he/she was found to be COVID-19 positive before his/her demise.” Page 4 of 7 6. Keeping in mind the aforesaid provisions of the Finance Department Resolution, this Court examined the case of the Petitioner. In the instant case, the Superintendent of Police, Angul, who was the Disciplinary Authority of the husband of the Petitioner, had already certified that Satyabadi Dehury, son of Rabindra Dehury was a Constable of police from 16th August, 2020 to 25th August, 2021 and he was assigned duty as Reserve Officer to update the Service Books and all other HRMS related works. Being a part of Reserve Office, he was always exposed to infection as most of the COVID-19 related deployment is done from the said office which is a COVID-19 management related duty. In Annexure-E/2 to the counter affidavit, it is clearly stated by the Superintendent of Police, Angul in his Letter No.4015 dated 1st June, 2022 addressed to the Additional Director General of Police (L & O), Odisha, Cuttack, as under: “With reference to the letter on the subject cited above, it is to intimate that Constable/203 Satyabadi Dehury of Angul Police District was attached to RSI, Section (HRMS, R.O. Angul) vide D.O. No.445 dated 09.04.2016. His duty was to update the Service Books and all other HRMS related works. Being a part of Reserve Office, he was always exposed to infection as most of COVID-19 related deployments are done from the Reserve Office. Despite taking all the precaution against Covid-19 infection, C/203 Satyabadi Dehury was tested positive on dt.25.08.202l, following symptoms of viral fever. He underwent treatment at Pradhan Nursing Home, Angul. As his health condition deteriorated due to infection of his lungs due to COVID-19, the treating physician referred him to Care Hospital, BBSR on dt.01.09.2021 for better treatment of COVID-I9. Further, the M.O., Care Hospital, BBSR referred him Page 5 of 7 to Govt. COVID Care Centre, Aditya Aswini Hospital, BBSR on 18.09.2021. During treatment, on 12.10.2021, at about l0.l5 P.M., he died. He was discharging his duties in the Reserve Office till he was unwell due to COVID-19. Hence, it is requested that the application of the wife of the deceased Constable/203 Satyabadi Dehury may kindly be approved considering the place of posting even though he was not deployed for enforcement duties related to COVID-19.” 7. From the above, it appears that it is clearly established that the husband of the Petitioner died during treatment on 12th October, 2021 at about 10.15 P.M. and he was discharging his duties as Reserve officer actively till he was unwell being diagnosed infected with COVID-19. Thus, the Petitioner was in duty till he was diagnosed COVID-19. Hence, the case of the husband of the Petitioner satisfy the requirements of Clause- 3(iii) of the resolution under Annexure-7 as he was active line of duty dealing with service records of the staff and officers of the said office which was controlling the COVID management duty and was not on leave when he was diagnosed infected with COVID-19. He might not be discharging duty in the field, but dealing with service records and related works of the said staff and officers and other related works of the COVID management. The said duty made him vulnerable to COVID infection and ultimately took his life. 8. In view of the above, there cannot be any iota of doubt that the Petitioner being the widow of late Satyabadi Dehury, who died due to COVID-19 while on active line of duty, is Page 6 of 7 entitled to ex-gratia of Rs.50.00 lakh (Rupees fifty lakh) and special family pension as per the notification under Annexure-7. 9. Accordingly, the writ petition is allowed and it is directed that the Superintendent of Police, Angul-Opposite Party No.2 and Director General of Police (L&O), Odisha, Cuttack-Opposite Party No.3 as well as Additional Chief Secretary to Government of Odisha, Home Department, Bhubaneswar shall take prompt steps to grant ex-gratia of Rs.50.00 lakh (Rupees fifty lakh) as well as special family pension to the Petitioner as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order. 10. In the circumstances, there shall be no order as to costs. (K.R. Mohapatra) Judge Orissa High Court, Cuttack, Dated the 6th December, 2024/bks Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Dec-2024 18:18:07 Page 7 of 7