Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2673 of 2023 ====================================================== Raj Kumari Devi Wife of Late Badshah Chaubey Resident of Shanti Nagar, Ward No.- 16, Bettiah, Post- Bettiah and P.S.- Bettiah Town, District- West Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2.

The Secretary, Department of Disaster Management, Govt. of Bihar, Patna. 3.

The District Magistrate, District- West Champaran. 4.

The Principal, Government Medical College and Hospital, Bettiah, West Champaran.

5.

The Registrar (Birth and Death), Government Medical College and Hospital, Bettiah, West Champaran.

6.

The Superintendent, Government Medical College and Hospital, Bettiah, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Kumar Tiwary, Adv.

For the Respondent/s :

Mr.Rajeshwar Singh (GA-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For issuance of appropriate writ(s) order(s) or direction to the respondents to issue a death certificate, pertaining to death of the husband of the petitioner, specifically mentioning therein the cause of death on account of Covid-19 infection, in the light of Judgment dated 30.06.2021, passed by Hon'ble Supreme Court in writ petition (Civil) No.554 of 2021 (Reepak Kansal v/s Union of India and Ors.

ii. For issuance of appropriate writ(s) order(s) or

Patna High Court CWJC No.2673 of 2023(3) dt.16-05-2024 2/2 direction to respondents to pay ex-gratia grant amount to this petitioner due to death of her husband during Covid-19 treatment in Government Medical College and Hospital, Bettiah, West Champaran."

2. At the outset, the learned counsel for the respondentState has submitted, by referring to the counter affidavit, filed in the present case on behalf of the respondent no.3, that the case of the petitioner has been recommended for payment of ex-gratia amount of compensation to the tune of Rs.4,50,000/-, in lieu of death of her husband on account of Covid-19 infection and the payment shall definitely be made very soon.

3. Having regard to the facts and circumstances of the case and considering the admitted position, as is existing in the present case, as aforesaid, I deem it fit and proper to direct the District Magistrate, West Champaran to make payment of the exgratia amount to the petitioner, within a period of four weeks from today, failing which, he shall not draw his salary.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U