Mahima Khatun and Anr. Vs the Principal Secretary to the Govt of Assam and 14 Ors.

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GAHC010291722023

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2026:GAU-AS:8322

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/7535/2023

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MAHIMA KHATUN AND ANR WIFE OF LATE DR. HIKMAT ALI AHMED WARD NO.5, BARPETA TOWN PO-BARPETA, PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 2: MUNIM AHMED SON OF LATE DR. HIKMAT ALI AHMED (BEING A MINOR REPRESENTED BY THE PETITIONER NO.1) WARD NO.5 BARPETA TOWN PO-BARPETA PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-78130

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VERSUS

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THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM AND 14 ORS HEALTH and FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI, PIN781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI PIN-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI

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PIN-781006

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4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI PIN-781006 5:THE STATE LEVEL COVID-19 DEATH AUDIT BOARD ASSAM REPRESENTED BY THE CHAIRMAN KHANAPARA GUWAHATI PIN-781022 6:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGERABARI GUWAHATI PIN-781036 7:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM G S ROAD CHRISTIANBASTI GUWAHATI PIN-781005 8:THE DISTRICT COMMISSIONER BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 9:THE ADDL. DISTRICT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER DISTRICT DISASTER MANAGEMENT AUTHORITY BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 10:THE SUPERINTENDENT OF POLICE BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM)

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PIN-781301 11:THE JOINT DIRECTOR OF HEALTH SERVICES BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 12:THE SUPERINTENDENT FAA MEDICAL COLLEGE AND HOSPITAL BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 13:THE NODAL OFFICER COVID-19 FAA MEDICAL COLLEGE AND HOSPITAL BARPETA PO AND PS-BARPETA DISTRICT-BARPETA (ASSAM) PIN-781301 14:RAHEEZ IKTIAZ AHMED S/O LATE DR. HIKMAT ALI AHMED R/O- HOUSE NO. 96 BHETAPARA ROAD P.O. HATIGAON P.S. HATIGAON DISTRICT KAMRUP (METRO) ASSAM. 15:ZEIBA NAZNEEN AHMED (REPRESENTED BY THE APPLICANT NO. 14 BEING HER ATTORNEY HOLDER) D/O- LATE DR. HIKMAT ALI AHMED R/O- HOUSE NO. 96 BHETAPARA ROAD P.O.- HATIGAON P.S.- HATIGAON DISTRICT KAMRUP (METRO) ASSAM

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Advocate for the Petitioner : MR. M K HUSSAIN, MR. S U AHMED (P-1),MS. F H AHMED,MD A RAHMAN,MR K U AHMED,MRS. S Y AHMED

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Advocate for the Respondent : GA, ASSAM, SC, HEALTH AND F W,SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 11-06-2026

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Heard Mr. S. U. Ahmed, learned counsel for the petitioners. Also heard Ms. D. Borah, learned Standing Counsel, Health and Family Welfare Department, appearing for respondent Nos. 1, 2, 5, 6, 11, 12 and 13; Mr. A. Bhattacharya, learned Standing Counsel, Revenue & Disaster Management Department, appearing for respondent Nos. 3 and 4; Mr. N. Goswami, learned State Counsel, appearing for respondent Nos. 8, 9 and 10; as well as Mr. M. Ahmed, learned counsel, appearing for respondent Nos. 14 and 15.

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2. By filing the present writ petition, the petitioners have prayed for a direction to the respondent authorities to release the ex-gratia amount of Rs. 50,00,000/- (Rupees Fifty Lakh) in terms of Notification No. RGR. (RRR).498/2020/24 dated 02.09.2020 issued by the Government of Assam, Revenue & Disaster Management Department, whereby guidelines were framed for payment of ex-gratia grant to the next of kin/legal heirs of doctors, paramedical staff, police personnel and other employees covered under the scheme who died due to COVID-19 disease contracted while performing official duties in combating the COVID-19 pandemic.

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3. The petitioner No. 1 is the wife of late Dr. Hikmat Ali Ahmed and petitioner No. 2 is their minor son. Late Dr. Hikmat Ali Ahmedwas serving as the Chief Medical & Health Officer (CD) in the office of the Joint

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Director of Health Services, Barpeta and died in harness on 10.05.2021 due to COVID-19.

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4. It is the case of the petitioners that, while serving as the Chief Medical & Health Officer (CD), Barpeta, late Dr. Hikmat Ali Ahmed was entrusted with the responsibility of supervising COVID Hospitals, COVID Care Centres and other COVID-related activities in the district. During the course of discharging such official duties in combating the COVID-19 pandemic, he contracted COVID-19, tested positive on 10.05.2021 and unfortunately expired on the same date at Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta. Following his demise, the petitioners submitted an application seeking release of the ex-gratia amount in terms of the Notification dated 02.09.2020.

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5. Learned counsel for the petitioners submits that there is no dispute with regard to the fact that late Dr. Hikmat Ali Ahmed died due to COVID19 contracted while performing official duties during the pandemic and that the petitioners, being among the legal heirs of the deceased, are entitled to the benefit of ex-gratia assistance of Rs. 50,00,000/- (Rupees Fifty Lakh) in terms of the Notification dated 02.09.2020. It is submitted that similarly situated persons have already been extended such benefit, whereas the petitioners have been deprived of the same without any justifiable reason. Therefore, it is prayed that the respondent authorities be directed to release the ex-gratia amount of Rs. 50,00,000/- (Rupees Fifty Lakh) in favour of the petitioners.

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6. Mr. A. Bhattacharya, learned Standing Counsel, Revenue & Disaster Management Department, submits that the claim of the petitioners has been duly considered by the authorities. However, as the requisite Next of

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Kin/Legal Heir Certificate had not been furnished before the competent authority, the claim could not be processed further for release of the exgratia amount. He places reliance upon a communication dated 12.08.2024 issued by the Joint Secretary to the Government of Assam, Revenue & Disaster Management Department, wherein it has been stated that, pursuant to directions issued by this Court, a proposal was submitted to the Finance Department seeking concurrence for payment of ex-gratia in pending admissible cases where the death of frontline workers occurred prior to discontinuation of the policy. The Finance Department has since accorded concurrence and the matter is presently under examination for taking necessary steps towards payment of ex-gratia in such admissible cases.

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7. Mr. M. Ahmed, learned counsel appearing for respondent Nos. 14 and 15, submits that petitioner No. 1 is the stepmother of respondent Nos. 14 and 15 and petitioner No. 2 is their stepbrother. He submits that respondent Nos. 14 and 15, being the son and daughter of late Dr. Hikmat Ali Ahmed, are also the next of kin/legal heirs of the deceased. It is submitted that although a Next of Kin Certificate was initially issued only in favour of the petitioners, the same was subsequently cancelled upon the objection raised by respondent Nos. 14 and 15, and a fresh certificate was thereafter issued reflecting petitioner Nos. 1 and 2 as well as respondent Nos. 14 and 15 as the legal heirs/next of kin of late Dr. Hikmat Ali Ahmed. Accordingly, it is submitted that the ex-gratia amount ought to be apportioned amongst all the legal heirs of the deceased.

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8. Mr. S. U. Ahmed, learned counsel for the petitioners, fairly submits that the petitioners are agreeable to the submissions made by the learned

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counsel for respondent Nos. 14 and 15 that respondent Nos. 14 and 15, being the son and daughter of late Dr. Hikmat Ali Ahmed, are also the legal heirs/next of kin of the deceased. He submits that the petitioners have no objection to the ex-gratia assistance of Rs. 50,00,000/- (Rupees Fifty Lakhs only) being released in favour of all the legal heirs and apportioned amongst them in accordance with law.

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9. This Court has considered the submissions advanced by the learned counsel for the parties and has also perused the materials available on record.

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10. The Notification dated 02.09.2020 issued by the Government of Assam, Revenue & Disaster Management Department provides for payment of ex-gratia assistance of Rs. 50,00,000/- (Rupees Fifty Lakhs only) to the next of kin/legal heirs of doctors, paramedical staff, police personnel and other employees covered under the scheme who died due to COVID-19 disease contracted while performing official duties in combating the COVID-19 pandemic.

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11. Late Dr. Hikmat Ali Ahmed, the husband of petitioner No. 1, admittedly and unfortunately expired on 10.05.2021 due to COVID-19, while serving as the Chief Medical & Health Officer (CD) in the Office of the Joint Director of Health Services, Barpeta, Assam and while discharging his duties of supervising COVID Hospitals, COVID Care Centres and other COVID-related activities in the district during the COVID-19 pandemic.

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12. It appears from the materials placed before this Court that respondent Nos. 14 and 15, being the son and daughter of late Dr. Hikmat

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Ali Ahmed, are also legal heirs of the deceased. Consequently, the petitioners as well as respondent Nos. 14 and 15 are entitled to be treated as the next of kin/legal heirs of late Dr. Hikmat Ali Ahmedfor the purpose of consideration of the claim for ex-gratia assistance.

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13. It also appears that the respondent authorities have already processed and sanctioned the ex-gratia amount of Rs. 50,00,000/(Rupees Fifty Lakhs only) in respect of late Dr. Hikmat Ali Ahmed. However, as submitted by the learned Standing Counsel for the Revenue & Disaster Management Department, the same could not be released due to non-submission of the Next of Kin/Legal Heir Certificate. It further appears from the communication dated 12.08.2024 that the proposal for payment of ex-gratia in pending admissible cases has been concurred by the Finance Department and is under consideration for necessary action towards disbursement.

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14. Having considered the undisputed fact that late Dr. Hikmat Ali Ahmed, the husband of petitioner No. 1 and the father of petitioner No. 2 as well as respondent Nos. 14 and 15, died on 10.05.2021 while serving as the Chief Medical & Health Officer (CD), Barpeta, and while discharging his duties of supervising COVID Hospitals, COVID Care Centres and other COVID-related activities in the district during the COVID-19 pandemic and considering the policy of the State Government to grant ex-gratia assistance of Rs. 50,00,000/- (Rupees Fifty Lakhs only) to the next of kin/legal heirs of doctors, paramedical staff, police personnel and other employees who died due to COVID-19 contracted while performing official duties in combating the COVID-19 pandemic, this Court is of the considered view that there is no reason why the respondent authorities

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should not release the ex-gratia assistance to the next of kin/legal heirs of the deceased, particularly when the competent authority has already sanctioned the same. Thus, it would be appropriate to direct the respondent authorities to release the ex-gratia assistance of Rs. 50,00,000/- (Rupees Fifty Lakhs only) in favour of the legal heirs of late Dr. Hikmat Ali Ahmed and to apportion the same amongst them in accordance with law.

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15. Accordingly, the petitioners as well as respondent Nos. 14 and 15 shall submit the requisite Next of Kin/Legal Heir Certificate and such other documents as may be required by the competent authority before the Deputy Commissioner, Barpeta, for onward transmission to the competent authority for taking necessary steps for release of the ex-gratia payment.

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16. Thereafter, the respondent authorities shall take all necessary steps for release and disbursement of the ex-gratia amount of Rs. 50,00,000/(Rupees Fifty Lakh) in favour of the petitioners and respondent Nos. 14 and 15, being the legal heirs/next of kin of late Dr. Hikmat Ali Ahmed, in accordance with law, within a period of 8 (eight) weeks from the date of receipt of the certified copy of this order.

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17. It is made clear that the ex-gratia amount of Rs. 50,00,000/- (Rupees Fifty Lakh) shall be shared equally amongst petitioner No. 1, petitioner No. 2, respondent No. 14 and respondent No. 15.

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18. A copy of the communication dated 12.08.2024 issued by the Joint Secretary to the Government of Assam, Revenue & Disaster Management Department, produced before this Court, is kept on record and marked as “x”.

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19. With the above observations and directions, the writ petition stands

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disposed of.

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JUDGE

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Comparing Assistant

Mahima Khatun and Anr. v. the Principal Secretary to the Govt of Assam and 14 Ors.

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Mahima Khatun and Anr. v. the Principal Secretary to the Govt of Assam and 14 Ors.

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