Compensation claims for health workers' deaths during duty are to be addressed under relevant government insurance schemes.

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 31-01-2026 Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State. 2. The petitioners have preferred this writ application with the following reliefs;

“(i) For issuance of an appropriate writ of certiorari for compensation (payment) of Covid-19 death claim under Govt. employee on duty period. (I) ANM Dharmlata Sinha and (ii) ANM Sunita Sinha.

(ii) For issuance of an appropriate writ of certiorari for payment of give line by government employee 50-50 lakh rupees in duty medical department etc. in favour of claimant/ petitioner legal hair of deceased.

(iii) For issuance guideline of Pradhan Mantri Garib Kalyan Package insurance scheme health workers fighting covid-19, 50-50 lakh compensation in favour claimant.

(iv) For issuance of a writ of mandamus for direction to the respondent to pay all other consequential benefits to the petitioners as admits the under law.”

3. The matter relates to payment of compensation to the persons/employees/Health Workers, who died while discharging their duty during Covid-19 in terms of Pradhan Mantri Garib Kalyan Package : Insurance Scheme for Health Workers Fighting Covid-19.

4. It is submitted on behalf of the petitioners that the petitioners happen to be the dependents/ legal representatives of the deceased, Late Dharmlata Sinha, ANM and Sunita Sinha, ANM, who died during Covid-19 while discharging their official duties in the Hospital on 23.08.2020, however, they have not been given the benefits of compensation in light of the Pradhan Mantri Graib Kalyan Packager: Insurance Scheme for health Workers Fighting Covid-19, Annexure-P/11, whereby it is categorically clarified that all the Health workers, who are working in the Government Hospitals and Medical Institutions during the Covid-19, are covered under the special Insurance Scheme, according to which, as aforesaid, they are entitled to the compensation of rupees 50 lakh in case of victim of any unforeseen incident. It is further submitted that the petitioners have filed their several representations in this regard before the several authorities, despite that their claims have not been addressed as yet.

4. Per Contra, learned counsel for the respondent does not oppose the submission advanced by the learned counsel for the petitioners and submits that if the petitioners may file a fresh representation before the concerned authorities with respect to their claim of compensation, the same shall be considered and decided within a reasonable time as fixed by this Court.

5. Taking into consideration the submission put-

forth by the learned counsel for the petitioners and taking note of the fact that the representation with respect to the claim of compensation of the petitioners is pending consideration before the respondent authority as yet, this Court deems it fit and proper to dispose of this writ petition at this stage itself directing the petitioners to file a fresh representation, raising all the facts and grounds as raised in this writ application with all supporting documents with respect to their claim, annexing all the representations filed earlier, within a period of two weeks from today. Upon such representation is filed, the concerned respondent shall consider the representation of the petitioner and decide it by passing a reasoned and speaking order, in accordance with law, more particularly, in terms of Pradhan Manri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting Covid-19, as contained in Memo No. 59 dated 07.04.2020, issued by the Government of Bihar, preferably within a period of 45 days from the date of receipt of a copy of the order of this Court, which shall be communicated to the petitioner forthwith.

7. Accordingly, with the aforesaid observation and direction, the writ petiti