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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 – Respondent
| Table of Content |
|---|
| 1. petitioner seeks declaration for deceased husband as covid-19 warrior. (Para 1 , 2 , 3) |
| 2. government guidelines for financial assistance to survivors. (Para 4 , 5) |
| 3. petitioner’s application rejected based on timing of covid duty. (Para 6) |
| 4. court hears arguments from both sides regarding the petition. (Para 7 , 8) |
| 5. court's analysis on rejecting authority's reasoning. (Para 9 , 10) |
| 6. court finds no justification to dismiss the writ petition. (Para 11) |
| 7. court grants relief to petitioner and mandates action. (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 prompt
Authority must consistently apply its guidelines and cannot contradict its own documents pertaining to eligibility for public benefits.
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....
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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