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2023 Supreme(Ori) 78

ARINDAM SINHA
Upali Aparajita Lenka – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Bikash Jena, Advocate, B. Behera, Advocate, C. R. Dash, Advocate, P. K. Parhi, Advocate, Amarendra Prasad Ray, Advocate, N. D. Tripathy, Advocate, T. R. Jena, Advocate

JUDGMENT

Arindam Sinha, J. - Mr. Jena, learned advocate appears on behalf of petitioners and submits, they are legal representatives of Sanjay Kumar Nayak, since deceased on 20th June, 2021. He draws attention to annexure-10 being official document for Covid-19 death, issued in name of the deceased by Government of Odisha, Department of Health and Family Welfare.

2. Inspite of the above, by impugned writings, both dated 2nd March, 2022, claim for dependant benefit under Covid-19 relief scheme of Employees' State Insurance Corporation was not accepted, alleging death occurred 65 days after the deceased had tested Covid-19 positive, more than the scheme prescribed period of 45 days.

3. On query from Court Mr. Jena draws attention to annexure-2 being document dated 13th October, 2021, which is report of RT-PCR test that was conducted on the deceased. The sample was drawn on 16th April, 2021 and report made on 13th October, 2021, saying that result was positive. However, in the meantime on 20th June, 2021, the COVID-19 infected person died. He reiterates that by official document for COVID-19 death issued on 19th December, 2021, the deceased Sanjay Kumar Nayak was certified to have died d

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