Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.132 of 2024 ====================================================== Usha Devi Wife of Late Shiya Sharan Prasad, R/o Village- Piprabagai, P.S.- Kutumba, Distt- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.
2.
The Director in Chief, Health Department, Government of Bihar, Patna. 3.
The District Magistrate, Aurangabad.
4.
The Circle Officer, Kutumba (Amba), Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Raj, Advocate For the Respondent/s :
Mr.Government Pleader 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2024 The present writ petition has been filed seeking the following relief:- "1. I. For issuance of a writ/s, order/s, direction/s in the nature of Mandamus directing and commanding the respondent authorities to compensate the petitioner a sum of Rs. 4,00,000/- in pursuance of government letter bearing MHA32-7/2014, wherein the State Government has notified to compensate the family members of those who died due to Covid-19 pandemic.
II. For issuance of a writ/s, order/s, direction/s in the nature of Mandamus directing the respondent authority to decide the representation of the petitioner dated 21/02/2022(AnnexureP/4), which has been given and duly received by the office of District
Patna High Court CWJC No.132 of 2024(3) dt.04-07-2024 2/3 Magistrate, Aurangabad, Bihar."
2.
At the outset, the learned counsel for the respondent-State submits, by referring to the Notification issued by the Secretary, Disaster Management Department, Government of Bihar, Patna dated 13.04.2022, that in cases where the death of the residents of the State of Bihar takes place outside the State of Bihar i.e. in other States like in the present case the death of the husband of the petitioner has taken place in the State of Jharkhand, the authorities of the State of Bihar are required to forward details of such cases, for payment of the ex gratia amount, to the authorities of the States in which the death has taken place on account of Covid-19 infection and thereafter, the authorities of the State of Bihar are required to pursue the matter with the authorities of the other States so that relief can be granted to the legal heirs of the deceased persons. It is further submitted that in view of the said policy as contained in Notification dated 13.04.2022, the case of the petitioner has been forwarded to the State of Jharkhand and the respondents would
Patna High Court CWJC No.132 of 2024(3) dt.04-07-2024 3/3 definitely pursue the case of the petitioner for grant of ex gratia amount to the petitioner, however, the petitioner may also take appropriate steps by approaching the Hon'ble Jharkhand High Court.
3.
Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Secretary, Disaster Management Department, Government of Bihar, Patna to pursue the case of the petitioner with the concerned authorities of the State of Jharkhand, for the purposes of grant of ex gratia amount to the petitioner in lieu of death of her husband on account of Covid-19 infection at Health Point Hospital, Ranchi (Jharkhand).
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U