Md. Arif Ismail Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1272 of 2024 ====================================================== 1.
Md. Arif Ismail Khan Son of Md. Ismail Khan, Resident of Tatarpur, Jagdishpur, P.O. and P.S. - Tatarpur, District - Bhagalpur, Bihar - 812002. 2.
Meena Verma, Wife of Late Ganesh Prasad Verma, Resident of Mohalla - Vikramshila Nagar, Kahalgaon, Colgong, Bhagalpur, P.S. - Kahalgaon, District - Bhagalpur, Pin Code - 813203.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Disaster Management, Government of Bihar, Sheikhpura, Patna. 2.
The Principal Secretary, Department of Health and Family Welfare, Government of Bihar.
3.
The State Health Society through Executive Director, State Health Society, Patna.
4.
The District Magistrate-cum-Chairman, District Disaster Management Committee, Bhagalpur.
5.
The Civil Surgeon, Bhagalpur.
6.
The District Disasater Management Committee, Bhagalpur through District Magistrate, Bhagalpur.
7.
The Senior Deputy Collector, District Disaster Management Section, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rashid Izhar, Adv.
For the Respondent/s :
Mr.K.K. Sinha, Adv.
Mr.Shashi Shekhar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.1) Issuance of Writ or Writ in the nature of Mandamus commanding the Respondents especially Respondent No. 4 and 6 to pay the compensation upon the death of a Civil Judge due to Covid-19 and not to sit tight over the matter and/or perform the Official Duty cast upon the Government Official for
Patna High Court CWJC No.1272 of 2024(2) dt.29-04-2024 2/2 urgent payment of Covid- 19 Death Compensation. (II) Issuance of Writ or Writs directing the Respondents to pay the compensation amount due to Covid-19 death of the wife of the Petitioner alongwith interest thereupon accrued due to delay/inaction on part of the State Respondent. (III) Issuance of suitable Writ or Writs for directing an Inquiry into the reason of inaction on part of the Respondent as the State Respondents have deliberately withheld the amount of Covid-19 Death Compensation to the citizens in contravention of the specific direction of urgent payment of compensation by the Orders of the Hon'ble Supreme Court."
2. At the outset, the learned counsel for the petitioners, fairly submits that now the ex-gratia amount, in lieu of death of the wife of the petitioner no.1, due to Covid-19 infection, amounting to a sum of Rs.4.5 lacs has stood paid, however, he seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for seeking compensation for delayed payment of the aforesaid exgratia amount. Liberty so sought is granted.
3. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) sonal/- U