The main legal point established in the judgment is the application of the Supreme Court's detailed directions for ex-gratia compensation for Covid-19 deaths.

ORDER

1. Heard.

2. This PIL has been filed by the petitioner seeking issuance of directions for payment of ex-gratia compensation to those who lost their family members due to Covid-19 pandemic. Prayer has also been made for issuance of direction to the Government to provide similar relief to those who have been found to be suffering from Black-Fungus on the ground that infection is wide-spread and people have lost their lives.

3. The first issue with regard to ex-gratia compensation in cases where death has taken place due of Covid-19 pandemic is covered by the order passed by the Supreme Court on 04.10.2021. In that order their Lordships in the Supreme Court passed following directions:-

"10. In furtherance of our earlier order dated 30.06.2021, it is directed as under:

i) that the next of the kin of the deceased died due to Covid-19 shall be paid ex-gratia assistance of an amount of Rs. 50,000/-, which shall be treated as ex-gratia payment under Section 12(iii) of the DMA, 2005 and which shall be minimum and which shall be over and above the compensation/amount to be paid by the Union of India/State Governments/Union Territories to be declared/provided under different benevolent schemes;

ii) that the ex-gratia assistance of Rs. 50,000/-shall be provided by the concerned States from the State Disaster Response Fund (SDRF);

iii) that the ex-gratia assistance to the next of the kin of the deceased shall be disbursed by the District Disaster Management Authority/District Administration;

iv) that the full particulars and address of the District Disaster Management Authority/District Administration who is required to disburse the ex-gratia assistance of Rs. 50,000/- shall be published in the Print Media and Electronic Media and wide publicity shall be given; that the same shall be published within a period of one week from today; it is further directed that such information shall also be published in the prominent offices of the village/taluk/district, such as, Gram Panchayat Office, Taluk Panchayat Office, District Collector Office, Corporation Office etc.;

v) that such ex-gratia assistance of Rs. 50,000/- shall be disbursed within a period of 30 days from the date of submitting the application to the concerned District Disaster Management Authority/District Administration along with the proof of the death of the deceased due to Covid-19 and the cause of death being certified as "Died due to Covid-19";

vi) that the amount to be disbursed as per the Guidelines dated 11.09.2021 and as observed hereinabove on the death being certified as Covid-19 death for which the cause of death mentioned in the death certificate shall not be the conclusive and if other documents are provided as discussed herein below, the next kin of the deceased died due to Covid-19 shall be entitled to the ex-gratia assistance of Rs. 50,000/-;

vii) that no States shall deny the ex-gratia assistance of Rs. 50,000/- to the next of the kin of the deceased died due to Covid-19 solely on the ground that in the death certificate issued by the appropriate authority, the cause of death is not mentioned as "Died due to Covid-19";

viii) that in case of any grievance with regard to certification of the death, the aggrieved person may approach the Committee at District level consisting of Additional District Collector, Chief Medical Officer of Health (CMOH), Additional CMOH/Principal or HOD Medicine of a Medical College (if one existing in the district) and a subject expert, who shall take remedial measures including issuance of amended official document for Covid-19 death after verifying the facts on production of the necessary documents showing that the death is due to Covid-19;

ix) that the Authority/Committee shall carry out the directions as mentioned herein below while considering the case of the deceased as Covid-19. All the States shall constitute such Committee within a period of one week from today and the address location and full particulars of the said Committee at the Di