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ORISSA HIGH COURT
URMILA KANDI – Appellant
Versus
STATE OF ODISHA – Respondent
Judgment :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned Order No.134 dated 12.01.2023 vide Annexure-7 passed by the Collector and District Magistrate, Puri(Opposite Party No.3) and to direct the Opposite Parties to declare to the deceased husband of the petitioner as a Covid-19 Warrior for the sanction of compensations as well as consequential benefits in favour of the petitioner, to which, she(petitioner) is entitled for, as per the declarations of the Government.
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the husband of the petitioner, i.e., Surendar Kumar Kandi was a Government employee and he was serving as an Assistant Teacher in Osalanga Primary School under Kakatpur Block in the district of Puri. In the year 2020, as per Order No.1124 dated 08.07.2020 (Annexure-2) of Block Development Officer, Kakatpur(Opposite Party No.5), the husband of the petitioner, i.e., Surendar Kumar Kandi was assigned with Covid-19 duty in Covid-19 Treatment Center at DRC Dighal High School, Nimapara for the period fr
A deceased government employee who succumbed to COVID-19 while on duty should be recognized as a Covid-19 Warrior under the government's guidelines, and the rejection of entitlement based on contradi....
Authority must consistently apply its guidelines and cannot contradict its own documents pertaining to eligibility for public benefits.
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
The court upheld that claims under the Pradhan Mantri Garib Kalyan Package necessitate strict compliance with eligibility and documentation requirements, failure of which results in dismissal.
Welfare schemes, like the COVID-19 ex-gratia compensation, must be interpreted broadly to fulfill their intended purpose and benefits for the deceased's family.
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
Preponderance of probability suffices for COVID-19 duty death benefits via symptoms, hospital records despite no RTPCR; rejection ignoring evidence and delayed committee opinion set aside, directing ....
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
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