Eligibility for pandemic-related ex gratia compensation requires a demonstrable, direct, and proximate nexus between assigned professional duty and virus exposure. Policy schemes must be strictly construed; sympathetic considerations cannot override defined eligibility criteria or expand the scope of designated essential services established by the state.

Dr. Sanjeeb K Panigrahi, J.

1. In this writ petition, the petitioner seeks a direction from this Court to quash the order dated 27.05.2024 passed by the Odisha Human Rights Commission in OHRC Case No. 356 of 2022, and to declare that the deceased does not qualify as a “Covid Warrior” under the applicable Government Guidelines, thereby disentitling the Opposite Party from any compensation thereunder.

I. FACTUAL MATRIX OF THE CASE:

2. The brief facts of the case are as follows:

(i) Sanjib Kumar Das, husband of Opposite Party No. 1 (Sujata Singh), was engaged by the Bhubaneswar Municipal Corporation (BMC) vide letter No. 32418/BMC dated 06.05.2021 to feed stray animals (bulls and dogs) in the South Eastern Zone of Bhubaneswar during the COVID-19 lockdown period, for the duration 05.05.2021 to 19.05.2021.

(ii) The BMC subsequently passed a resolution in an emergency meeting purportedly disengaging Sanjib Kumar Das from the assignment with effect from 17.05.2021, making his last working day 16.05.2021. Whether this resolution was ever communicated to him is disputed between the parties.

(iii) On 17.05.2021, the very day of the purported disengagement, Sanjib Kumar Das developed symptoms of fever and cough consistent with COVID-19, and his condition progressively deteriorated with low oxygen saturation. He was admitted to a COVID Hospital on 27.05.2021 and tested positive for SARS-CoV-2 via RT-PCR test. He passed away on 03.06.2021.

(iv) Sujata Singh filed a petition before the Odisha Human Rights Commission on 04.03.2022 seeking a declaration that her deceased husband be treated as a “Covid Warrior” and prayed for compensation, registered as OHRC Case No. 356 of 2022.

(v) The OHRC issued notice to the Collector and District Magistrate, Khurda and the BMC, both of whom submitted reports along with relevant records including the Government Guidelines on Covid Warrior compensation vide Letter No. 17179 dated 20.07.2020, Letter No. 17941 dated 29.07.2020, and Letter No. 22977 dated 08.10.2020, and records confirming the engagement and purported disengagement of Sanjib Kumar Das.

(vi) After considering all material on record, the OHRC passed an order on 27.05.2024 holding that even assuming disengagement w.e.f. 16.05.2021, the fact that Sanjib Kumar Das tested COVID-19 positive on 27.05.2021, which is within 14 days of his last working day, brought him squarely within the guidelines. The OHRC accordingly recommended release of compensation of Rs. 50 lakhs in favour of Sujata Singh and other next of kin, with 50% to be kept in a Fixed Deposit in a Nationalised Bank.

(vii) Hence, the State has filed the current Writ Petition, challenging the abovementioned order of the OHRC.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The engagement of the deceased by the BMC was purely temporary and informal in nature, limited to feeding stray animals during the lockdown for approximately 13 days, and does not constitute “COVID-19 related duty” as contemplated under the Government Guidelines. Feeding stray animals does not involve direct exposure to COVID-19 patients, participation in pandemic management, contact tracing, or healthcare delivery, and therefore the mandatory eligibility criteria under Para-C of the Guidelines are not met in this case.

(ii) Under Pa