Petitioner, widow of COVID-19 victim, sought compensation from Government of Bihar. Court directed District Magistrate to verify death certificate genuinity and ordered immediate payment of due compensation within three weeks. Writ petition disposed.
District Magistrate directed to pay compensation forthwith within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20787 of 2021
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Tamjila Khatoon Wife of Late Md. Zubair Alam @ Jubair Alam, Resident of Village- Chappan, P.O.- Durgapur, P.S.- Bhawanipur, District- Purnea, Pin Code- 854204 (Bihar).
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhishek, Advocate For the Respondent/s : Mr. Pankaj Kumar ( SC-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
4 20-01-2023
Heard the parties.
order:-
“The Collector, Purnea is directed to verify the genuinity of the death certificate dated 22.06.2021 issued by the Registrar, Birth and Death, Municipal Corporation, Purnea in which the cause of death has been mentioned to be due to COVID19. Such verification of the certificate must be done by him from the office of the Registrar, Birth and Death, Municipal Corporation, Purnea within a period of one week and thereafter, he must file his supplementary counter affidavit.
List this case on 18.01.2023.”
sought for following reliefs:-
“ (i) Whether in view of the Government Policy or decision petitioner is entitled
Patna High Court CWJC No.20787 of 2021(4) dt.20-01-2023 2/4
to get amount of compensattion from the Government as her husband has died due to Covid19 Virus?
(ii) Whether keeping the application and representation of the petitioner pending by the respondent is not just and proper not be kept pending?”
Patna High Court CWJC No.20787 of 2021(4) dt.20-01-2023 3/4
respondent has drawn attention of this Court from Paragraph Nos. 8 and 9 which reads as follows:-
“ 8. That with regard to the specific direction of this Hon’ble Court as to whether Death Certificate dated 22.06.2021 was being issued by the Registrar, Birth and Death, Municipal Corporation, Purnea or not, it is categorically submitted that the matter was examined from the aforesaid office and it has been communicated through letter no. 81 dated 07.01.2023 that the Death Certificate was granted from said officer and is a genuine document, which was issued on 22.06.2021 vide Registration No. 971.
9. That it is respectfully submitted that in view of direction of the State Government a three Member Committee was constituted, which has submitted its report in which a list consists of 35 dead persons has been prepared and recommended by the District Magistrate, Purnea and the same has been set to the Executive Director, State Health Society for its consideration vide letter no. 1562 dated 29.11.2022. It is submitted that the name of the petitioner’s husband finds place at Serial No. 16 of the said list.”
has been made that the Registrar, Birth and Death, Municipal Corporation, Purnea that the last rites of the husband of the petitioner was performed as per the COVID-19 protocol and it is mentioned therein as ‘DOD COVID-19 VIRUS IDENTIFIED’, the said certificate was issued on 22.06.2021.
Patna High Court CWJC No.20787 of 2021(4) dt.20-01-2023 4/4
on 22.06.2021, the District Magistrate is directed to take immediate action to make payment of due compensation amount forthwith to the petitioner not beyond the period of three weeks.
of.
(Purnendu Singh, J)
minu/-
U
2 issues framed by the court
Whether the petitioner is entitled to compensation for her husband who died due to COVID-19 virus?
Whether the delay in processing the compensation application is unjustified?
1 provisions across 1 enactments
Tamjila Khatoon
The State of Bihar through Principal Secretary, General Administration Department, Government of Bihar, Patna
The Principal Secretary, Health Department, Government of Bihar, Patna
The Principal Secretary, Disaster Management, Government of Bihar, Patna
The District Magistrate, Purnea
The Civil Surgeon, Purnea
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
