High CourtsSingle Bench(2022) 11 OHC CK 0083

Upali Aparajita Lenka And Another vs Union Of India And Others

Orissa High Court · Decided on 10 November 2022

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.21400 Of 2022

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Judgment

6 paragraphs · 184 words

Arindam Sinha, J

1.

Mr. Jena, learned advocate appears on behalf of petitioners and submits, they are legal representatives of Sanjay Kumar Nayak, since deceased on 20th June, 2021. He draws attention to annexure-10 being official document for Covid-19 death, issued in name of the deceased by Government of Odisha, Department of Health and Family Welfare.

2.

Inspite of the above, by impugned writings, both dated 2nd March, 2022, claim for dependants’ benefit under Covid-19 relief scheme of Employees’ State Insurance Corporation was not accepted, alleging death occurred 65 days after the deceased had tested Covid-19 positive.

3.

Mr. Ray, learned advocate appears on behalf of the Corporation and submits, extant guidelines provide for period 45 days, after testing Covid-19 positive, during which occurrence of death entitles the dependants to the benefit. On query from Court regarding whether such a guideline can stand in the face of certification by the Government Department regarding cause of death, he submits, representation dated 28th March, 2022 for reconsideration, made by petitioner, is pending. He prays for adjournment to obtain instruction.

4.

List on 24th November, 2022.

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