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 contradictory documentation is legally unsustainable.

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 from 09.07.2020 to 29.09.2020. On the basis of the said order No.1124 dated 08.07.2020 (Annexure-2) of the Block Development Officer, Kakatpur(Opposite Party No.5), the husband of the petitioner was engaged in Covid-19 duties in the Covid-19 Treatment Center at DRC Dighal High School, Nimapara since 09.07.2020.

3. During the course of Covid-19 duty of the husband of the petitioner in the above Covid-19 Treatment Center at DRC Dighal High School, Nimapara, he(husband of the petitioner) was affected by Covid-19 and for his sufferings in Covid-19, he (husband of the petitioner) was initially treated at Nilachal Covid Hospital, Bhubaneswar and thereafter sifted to Kanungo Institute, wherein, he was admitted in the ICU, but, in spite of such treatments, the husband of the petitioner could not survive, but, expired on dated 26.10.2020 due to Covid-19.

4. The Government of Odisha, Health and Family Welfare Department made a declaration issuing guidelines as per notification No.17941 dated 29.07.2020 (Annexure-5) for providing financial assistance to Spouse/Next of Kin of Persons, who succumb to COVID-19, while in Active Line of Duty clarifying that,

“if he/she is tested/detected COVID-19 positive within 30 days from his/her last day of active COVID-19 related duty(the 30 days count is from the last day of COVID-19 duty to the date of swab collection) and subsequently succumbs to COVID-19 or meets with accidental loss of life on account of COVID-19 related duty.

In case of any dispute with respect to the eligibility, the Collector of the concerned district will be the deciding authority.”

5. When, the husband of the petitioner expired on 26.10.2020 within 30 days of his last active Covid-19 duty, then, the petitioner being his wife on the basis of legal heir certificate vide Annexure-4 made an application on dated 19.09.2021 (Annexure-6) before the Block Development Officer, Kakatpur(Opposite Party No.5) requesting him(Opposite Party No.5) to declare her husband Surendar Kumar Kandi as a Covid-19 Warrior on the basis of the above guidelines of the Government of Odisha, Health and Family Welfare Department vide Annexure-5 for her entitlement to all the benefits accrued to her as per such Annexure-5.

The said application vide Annexure-6 of the petitioner was referred by the Block Deve