Urmila Kandi v. State of Odisha, represented through its Secretary, Department of Revenue and Disaster Management, Bhubaneswar
2026-01-30
A C Behera
body2026
DailyLaw.ai
Judgment : A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned Order No.134 dated 12.01.2023 vide Annexure-7 passed by the Collector and District Magistrate, Puri(Opposite Party No.3) and to direct the Opposite Parties to declare to the deceased husband of the petitioner as a Covid-19 Warrior for the sanction of compensations as well as consequential benefits in favour of the petitioner, to which, she(petitioner) is entitled for, as per the declarations of the Government. 2 . The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the husband of the petitioner, i.e., Surendar Kumar Kandi was a Government employee and he was serving as an Assistant Teacher in Osalanga Primary School under Kakatpur Block in the district of Puri. In the year 2020, as per Order No.1124 dated 08.07.2020 (Annexure-2) of Block Development Officer, Kakatpur(Opposite Party No.5), the husband of the petitioner, i.e., Surendar Kumar Kandi was assigned with Covid-19 duty in Covid-19 Treatment Center at DRC Dighal High School, Nimapara for the period from 09.07.2020 to 29.09.2020. On the basis of the said order No.1124 dated 08.07.2020 (Annexure-2) of the Block Development Officer, Kakatpur(Opposite Party No.5), the husband of the petitioner was engaged in Covid-19 duties in the Covid-19 Treatment Center at DRC Dighal High School, Nimapara since 09.07.2020. 3 . During the course of Covid-19 duty of the husband of the petitioner in the above Covid-19 Treatment Center at DRC Dighal High School, Nimapara, he(husband of the petitioner) was affected by Covid-19 and for his sufferings in Covid-19, he (husband of the petitioner) was initially treated at Nilachal Covid Hospital, Bhubaneswar and thereafter sifted to Kanungo Institute, wherein, he was admitted in the ICU, but, in spite of such treatments, the husband of the petitioner could not survive, but, expired on dated 26.10.2020 due to Covid-19. 4 .
4 . The Government of Odisha, Health and Family Welfare Department made a declaration issuing guidelines as per notification No.17941 dated 29.07.2020 (Annexure-5) for providing financial assistance to Spouse/Next of Kin of Persons, who succumb to COVID-19, while in Active Line of Duty clarifying that, “if he/she is tested/detected COVID-19 positive within 30 days from his/her last day of active COVID-19 related duty(the 30 days count is from the last day of COVID-19 duty to the date of swab collection) and subsequently succumbs to COVID-19 or meets with accidental loss of life on account of COVID-19 related duty. In case of any dispute with respect to the eligibility, the Collector of the concerned district will be the deciding authority.” 5 . When, the husband of the petitioner expired on 26.10.2020 within 30 days of his last active Covid-19 duty, then, the petitioner being his wife on the basis of legal heir certificate vide Annexure-4 made an application on dated 19.09.2021 (Annexure-6) before the Block Development Officer, Kakatpur(Opposite Party No.5) requesting him(Opposite Party No.5) to declare her husband Surendar Kumar Kandi as a Covid-19 Warrior on the basis of the above guidelines of the Government of Odisha, Health and Family Welfare Department vide Annexure-5 for her entitlement to all the benefits accrued to her as per such Annexure-5. The said application vide Annexure-6 of the petitioner was referred by the Block Development Officer, Kakatpur(Opposite Party No.5) to the Collector and District Magistrate, Puri(Opposite Party No.3), to which, the Collector and District Magistrate, Puri(Opposite Party No.3) rejected as per impugned Order No.134 dated 12.01.2023(Annexure-7) assigning the reasons that, “there is gap of 63 days between the last day of COVID-19 duty, i.e., date 29.07.2020 to the date of swab collection, i.e., date 01.10.2020.” After rejection of the application vide Annexure-6 of the petitioner by the Collector and District Magistrate, Puri(Opposite Party No.3) as per Annexure-7, the petitioner again approached to the authorities, but, there was no response.
For which, on dated 05.11.2024, the petitioner submitted a grievance petition before the Hon’ble Chief Minister’s Grievance Cell with a prayer to pay her entitled Covid-19 compensation declaring her deceased husband as Covid-19 Warrior annexing the required medical documents vide Annexure-3 series relating to the Covid-19 death of her husband as well as his duties in Covid-19 since 09.07.2020 to 29.09.2020 as per Annexures-2 and 9, to which, the Hon’ble Chief Minister, Odisha, forwarded to the Hon’ble Deputy Chief Minister, Odisha and the Deputy Chief Minister, Odisha forwarded the same to the Collector and District Magistrate, Puri(Opposite Party No.3) with a direction to enquire into the matter and to take immediate action for the sanction of financial assistance as per Rule and to communicate the actions taken to the petitioner within ten days. 6 . But, in spite of such directions of the Hon’ble Deputy Chief Minister, Odisha, no action was taken by the Collector and District Magistrate, Puri(Opposite Party No.3), for which, without getting any way, the petitioner approached this Court by filing this writ petition under Articles 226 and 227 of the Constitution of India, 1950 against the Opposite Parties praying for quashing the impugned Order No.134 dated 12.01.2023(Annexure-7) of the Opposite Party No.3 and to declare her deceased husband as Covid-19 Warrior and to direct the Opposite Parties for providing financial assistance to her(petitioner), to which, she(petitioner) is entitled for the Covid-19 death of her husband due to his sufferings with the same only for his Covid-19 duties. 7 . I have already heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State. 8 . It is the undisputed case of the parties that, on the basis of the undisputed medical papers/documents vide Annexure-3 series, “the death of the husband of the petitioner, i.e., Surendar Kumar Kandi had occurred on dated 26.10.2020 only due to his sufferings in Covid-19 postive. It is also the undisputed case of the parties that, during the time of Covid-19 Pandemic, the husband of the petitioner, i.e., Surendar Kumar Kandi was a Government servant and he was serving as an Assistant Teacher of Osalanga Primary School under Kakatpur Block.
It is also the undisputed case of the parties that, during the time of Covid-19 Pandemic, the husband of the petitioner, i.e., Surendar Kumar Kandi was a Government servant and he was serving as an Assistant Teacher of Osalanga Primary School under Kakatpur Block. As per Order No.1124 dated 08.07.2020 (Annexure-9) issued by the Block Development Officer, Kakatpur (Opposite Party No.5) with copies thereof to the Block Education Officer, Kakatpur(Opposite Party No.6), District Education Officer, Puri(Opposite Party No.4), DPC, SSA, Puri, Collector and District Magistrate, Puri(Opposite Party No.3) and the Project Director, DRDA, Puri, the husband of the petitioner was assigned with Covid-19 duties at Covid- 19 Center, DRC Dighal High School, Nimapara for the period from 09.07.2020 to 29.09.2020.” 9 . When, the husband of the petitioner, i.e., Surendar Kumar Kandi has expired on 26.10.2020, i.e., within 30 days of his last Covid-19 duty and his last day of his Covid- 19 duty as per Annexures-2 and 9 was 29.09.2020, then, as per the guidelines of the Government of Odisha, Health and Family Welfare Department vide Letter No.17941 dated 29.07.2020(Annexure-5), the deceased husband of the petitioner should have been declared by the Opposite Parties including the Collector and District Magistrate, Puri(Opposite Party No.3) as a Covid-19 Warrior. Because, he has lost his life on dated 26.10.2020 as per the undisputed medical documents vide Annexure-3 series by suffering from Covid-19 positive. The reasons assigned above in the Annexure-7 by the Collector and District Magistrate, Puri(Opposite Party No.3) for the rejection of the application dated 19.09.2021(Annexure-6) of the petitioner cannot be acceptable under law, because, the contents of the Annexures-2 and 9 issued by the Block Development Officer, Kakatpur (Opposite Party No.5) are going to show that, the husband of the petitioner was engaged in Covid-19 duties for the period from 09.07.2020 to 29.09.2020. For which, the Collector and District Magistrate, Puri (Opposite Party No.3) should not have taken any view in the impugned order vide Annexure-7 for the rejection of Annexure-6 of the petitioner contradicting the own documents of the Opposite Parties, i.e., Annexures-2 and 9 issued/prepared by the Opposite Party No.5 relating to the engagement of the husband of the petitioner in Covid-19 duties since 09.07.2020 to 29.09.2020. Because, the Opposite Parties including the Opposite Party No.3 are estopped/precluded under law to “to Blow-Hot, Blow-Cold” “Fast and Loose” or “Approbate and Reprobate” at the same time.
Because, the Opposite Parties including the Opposite Party No.3 are estopped/precluded under law to “to Blow-Hot, Blow-Cold” “Fast and Loose” or “Approbate and Reprobate” at the same time. On this aspect, the propositions of law has already been clarified by the Apex Court in the ratio of the following decision :- In a case between Rajasthan State Industrial Development and Investment Corporation and another vrs. Diamond Gem Development Corporation Ltd. and another decided on dated 12.02.2013 in Civil Appeal Nos.7252-7253 of 2003(S.C.) at Para No.9 that, one cannot be permitted to “blow hot-blow-cold”, “fast and loose” or “approbate and reprobate.” 10 . When, the impugned Letter/Order vide Annexure-7 issued by the Collector and District Magistrate, Puri(Opposite Party No.3) is contradicting its own documents vide Annmexures-2 and 9 issued by the Block Development Officer, Kakatpur(Opposite Party No.5) in respect of the last day Covid-19 duty of the deceased husband of the petitioner and when, Annexures-2 and 9 are going to show that, the last day Covid-19 duty of the husband of the petitioner was 29.09.2020 and when, the Annexure-3 series are going to show that, the husband of the petitioner expired on 26.10.2020, i.e., within 30 days of his last Covid-19 duty, then at this juncture, the impugned Order No.134 dated 12.01.2023(Annexure-7) issued/passed by the Collector and District Magistrate, Puri (Opposite Party No.3) refusing to declare to the deceased husband of the petitioner as a Covid-19 Warrior cannot be sustainable under law. 11 . When, it is held above that, the impugned Letter/Order No.134 dated 12.01.2023(Annexure-7) issued/passed by the Opposite Party No.3 is not sustainable under law, then at this juncture, there is no justification under law to disallow this writ petition filed by the petitioner. 12 . Therefore, this writ petition filed by the petitioner is allowed. The impugned Letter/Order No.134 dated 12.01.2023 (Annexure-7) issued/passed by the Collector and District Magistrate, Puri(Opposite Party No.3) is quashed.
12 . Therefore, this writ petition filed by the petitioner is allowed. The impugned Letter/Order No.134 dated 12.01.2023 (Annexure-7) issued/passed by the Collector and District Magistrate, Puri(Opposite Party No.3) is quashed. The Opposite Parties including Collector and District Magistrate, Puri(Opposite Party No.3) and Block Development Officer, Kakatpur(Opposite Party No.5) are directed through issuance of writ of a mandamus to declare to the deceased husband of the petitioner, i.e., Surendar Kumar Kandi as a Covid-19 Warrior and to provide financial assistance to the petitioner as the Spouse of the deceased Covid-19 Warrior Surendar Kumar Kandi, to which, she(petitioner) is entitled for as per Letter No.17941 dated 29.07.2020 vide Annexure-5 of the Government within one month from the date of communication of this judgment. 13 . As such, this writ petition filed by the petitioner is disposed of finally. 14 . Registry is directed to communicate the copies of this judgment immediately to all the Opposite Parties including the Collector and District Magistrate, Puri(Opposite Party No.3) and Block Development Officer, Kakatpur(Opposite party No.5) for their information and necessary compliances to the directions made in this judgment within the above stipulated period.