Remanded

Manju Srivastava v. The State of Bihar

Patna HC2 Jan 2023CWJC/7653/2022

Case brief

AI extract

What is this about?

Single judge oral order disposing of a writ petition concerning denial of Covid-19 compensation. The Court directed the Civil Surgeon to investigate and verify documents, ordering that compensation not be denied if any document confirms the death was due to Covid-19.

What did the court decide?

Civil Surgeon directed to enquire and verify documents; if any confirms Covid-19 death, Rs. 4 lakhs + Rs. 50,000 compensation cannot be denied within three weeks.

Manju Srivastava Vs The State of Bihar — Public Procurement and Tenders | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 7653 of 2022

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Manju Srivastava Wife of Late Shri Upendra Nath Srivastava Resident of Village and P.O.-Jagarnatha, P.S.-Uchkagaon District-Gopalganj.

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... ... Petitioner/s

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Versus

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

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

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The District Magistrate, Gopalganj.

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The Civil Surgeon, District Health Society, Govt. of Bihar Gopalganj.

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The Medical Officer Incharge, C.H.C., Thawe, Department of Health. Gopalganj.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mayank Mohan, Advocate For the Respondent/s : Mr. Vijay Kumar Singh No. I, AC to SC-18.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 02-01-2023 Heard Mr. Mayank Mohan, learned counsel for the petitioner and Mr. Vijay Kumar Singh No. 1, learned AC to SC18.

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The grievance of the petitioner in the present writ petition is that the petitioner who is the wife of the deceased has been denied compensation amount on account of death of her husband due to Covid-19.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner has submitted all the reports i.e. medical certificate, admission and discharge certificates by the government hospital and pathological test which confirms that her husband died due to Covid-19. However, the application of

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Patna High Court CWJC No. 7653 of 2022(2) dt.02-01-2023 2/3

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the petitioner has not been entertained by the Civil Surgeon, Gopalganj-respondent no. 4. Learned counsel further submitted that though blood sample for RTPCR test (Antigen test) was taken from husband of petitioner but no report was communicated on the registered mobile phone of her husband who was suffering from Covid-19.

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Learned counsel appearing on behalf of the State submitted that petitioner can only claim compensation, if the report confirms that the death was due to Covid-19 in terms of government circular then only the petitioner is entitled for compensation.

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Considering the rival submissions of the parties, the Civil Surgeon, District Health Society, Goplaganj is directed to hold an enquiry at his level and verify all the documents including Antigen report of the deceased, if it is found that any one of the document confirms the death due to Covid-19 then in that case, in absence of Antigen report, the compensation amount Rs. 4 lakhs cannot be denied in view of the announcement made by the State Government and the ex-gratia amount of Rs. 50,000/-, announced by the Central Government within a period of three weeks.

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With above observation and direction, the present writ

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Patna High Court CWJC No. 7653 of 2022(2) dt.02-01-2023 3/3

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petition is disposed of.

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(Purnendu Singh, J)

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minu/-

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U T

Manju Srivastava v. The State of Bihar

Case brief

What is this about?

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Manju Srivastava v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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