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2022 Supreme(MP) 264

SUBODH ABHYANKAR
Leela Surana – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Rishi Shrivastava for petitioner;
Akash Sharma, Government Advocate for respondents/State.

ORDER

1. The petitioner has filed the writ petition under Article 226 of the Constitution of India, assailing the order dated 9.8.2021 passed by the respondent No.4/The District Education Officer, District-Shajapur (M.P.) whereby, the petitioner’s application for grant of the benefit under the Scheme of Chief Minister Covid-19 Vishesh Anugrah Yojana (hereinafter referred to as ‘the Scheme’) has been rejected.

2. The case of the petitioner is that her daughter-Smt. Bindiya Surana, aged 44 years, who was a Government Teacher, passed away on 14.4.2021, on account of Covid-19 and as she died due to Covid-19, the petitioner applied for the compensation under the aforesaid Scheme. However, the respondent No.4/the District Education Officer, Shajapur has rejected the application, relying upon para 4.1 of the Scheme which mandates RTPCR test of the deceased to prove that he was Covid positive, holding that as the petitioner’s daughter was not subjected to RTPCR test and, thus, it is not known whether she suffered from Covid-19 and her death was owing to Covid-19 only.

3. Counsel for the petitioner has submitted that admittedly, all the family members of the petitioner suffered from Covid-19.

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