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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Urmila Kandi – Appellant
Versus
State of Odisha, represented through its Secretary, Department of Revenue and Disaster Management, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. petitioner's basis for claim of covid-19 warrior status. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's application and subsequent complaints for compensation. (Para 5 , 6) |
| 3. undisputed facts surrounding the petitioner's case. (Para 8) |
| 4. governing principles conflicting with the rejection of the claim. (Para 9) |
| 5. court's reasoning against the rejection of covid-19 warrior status. (Para 10 , 11) |
| 6. decision to grant the petition and direct financial compensation. (Para 12 , 13 , 14) |
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 husba
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.
In peculiar facts, court directed ex-gratia Covid compensation to family of frontline municipal employee bypassing further scrutiny of technical procedural lapses like private hospital admission and ....
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