1 CGHC010119962020 2026:CGHC:38977-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 46 of 2020 Shri Lokesh Kavadya S/o Shri Shantilal Kavadya Aged About 65 Years R/o Hig 13, Sector-1, Shankar Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya Atal Nagar, Raipur Chhattisgarh 2 - Secretary Home Department, Mahanadi Bhawan, Naya Raipur Chhattisgarh, 3 - Director General Of Police Chhattisgarh, Police Headquarters, Raipur, Chhattisgarh 492001, 4 - Secretary Department Of Health And Family Welfare, Mantralaya, Raipur, District Raipur Chhattisgarh, 5 - Government Of India Directorate General Of Health Services, Nirman Bhawan, Maulana Azad Road, New Delhi 110011, 6 - Government Of India, Through Secretary, Department Of Health And Family Welfare, Ministry Of Health And Family Welfare, 156, A- Wing, Nirman Bhawan, New Delhi, 110011 --- Respondents WPPIL No. 55 of 2021 Dilip Sarthi S/o Late Shri Bajraha Sarthi Aged About 35 Years Occupation Private Service, R/o Near Mata Choura Mandir, Kududand, Bilaspur District Bilaspur Chhattisgarh ---Petitioner Versus ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Secretary, Education Department State Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh --- Respondents ----------------------------------------------------------------------------------------------- For Petitioner in WPPIL 46/2020 : Mr. Manay Nath Thakur, Advocate For Petitioner in WPPIL 55/2021 : Mr. Anukul Biswas, Advocate For Respondent/State : Mr. S.S. Baghel, Govt. Advocate ------------------------------------------------------------------------------------------------ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 03 . 09 .202 6 1. Mr. Ajay Shrivastava, learned counsel for the appellant in WPPIL No. 55 of 2021, is stated to be on adjustment. However, considering the fact that the matter is an old one and that Mr.Anukul Biswas, learned counsel, whose name also appears in the cause-list on behalf of the appellant, is present, he is permitted to argue the matter. 2. Since the issue involved in both the above captioned petitions are one and same, they are clubbed and heard together and are being disposed of by this common order. 3. Heard Mr. Manay Nath Thakur, learned counsel for the petitioner in WPPIL No. 46/2020 and Mr. Anukul Biswas, learned counsel for the petitioner in WPPIL No. 55/2021. Also heard Mr. S.S. Baghel, learned Government Advocate, appearing for the 3 State/respondents. 4. Both the petitions have been preferred by the respective petitioners by way of Public Interest Litigation raising the issue with respect to the frontline deployed personnel at the ground level to control and combat the spread of epidemic Covid-19, alleging that they have been left at the mercy of their fate as there is no provision for grant of insurance, service benefits and bonus to the deployed personnel who have put their life in danger and risk of infecting themselves and their family member at the present time in need. 5. In compliance of the Court’s order dated 08.04.2024, the Deputy Director, Department of Health, Raipur has filed his personal affidavit. Relevant portion the same reads as under : “2. At the outset, the deponent respectfully submits that, he is duty bound to follow all the directions & orders passed by this Hon'ble Court from time to time and is having deepest & highest regard for this Hon'ble Court. He shall take all measures to ensure compliance of the orders and directions of this Hon'ble Court and shall leave no stone unturned to see that the commands of this Hon'ble Court are complied. 3. That, it is respectfully submitted that the present writ petition has been preferred by the petitioner by way of Public Interest Litigation raising the issue with respect to the deployed personnel of the ground level to control and combat the spread of epidemic Covid-19, alleging that they have been left at the mercy of their fate as there is no provision for grant of insurance, service benefit and bonus to the deployed personnel who have 4 put their life in danger and risk. It is submitted that the following observation has been made by the Hon'ble Court in its order dated 08.05.2024 which is reproduced hereinbelow:- “Learned Advocate General submits that the return has been filed by the respondent State in WPPIL No.46/2020 and the persons who have died during COVID period are being given compensation in terms of the policy of the State Government, which was before COVID period, to which the learned counsel for the petitioners submit that the criteria which has been laid down under the said policy appears to be a different one to that under which the persons, who have died during COVID period, are being given compensation. He has placed his reliance on the judgment rendered by the Hon'ble Apex Court in the matter of Reepak Kansal vs Union of India and others and another connected matter, reported in (2021) 9 SCC 251, and has drawn attention of the Court towards para 53 thereof, wherein some directions have been given by the Hon'ble Apex Court, which is as under:- “53. In view of the above and for the reasons stated above, we dispose of the present writ petitions with the following directions:- 53.1 We direct the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster Covid 19 Pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19. However, what reasonable amount to be offered towards ex gratia assistance is left to the wisdom of National Authority which may consider determining the consideration the amount taking into observations made as, hereinabove, such requirement/availability of the fund under the NDRF/SDRF for other reliefs and the priorities determined by the National Authority/Union Government and the fund required for other minimum standards of relief and fund required for prevention, 5 preparedness, mitigation and recovery and other reliefs to carry out the obligation under DMA 2005. The aforesaid exercise and appropriate guidelines be recommended, as directed hereinabove, within a period of six weeks from today; 53.2 The Appropriate Authority is directed to issue simplified guidelines for issuance of Death Certificates/official document stating the exact cause of death, i.e., "Death due to Covid-19", to the family members of the deceased who died due to Covid-19. While issuing such guidelines, the observations made hereinabove in paras 48 and 49 be borne in mind. Such guidelines may also provide the remedy to the family members of the deceased who died due to Covid-19 for correction of the death certificate/official document issued by the appropriate authority, if they are not satisfied with the cause of death mentioned in the death certificate/official document issued by the appropriate authority. 53.3 The Union of India to take appropriate steps on the recommendations made by the Finance Commission in its XVth Finance Commission Report bearing in paragraph 8.131 thereof, in consultation with other stakeholders and experts." In view of the above, learned State counsel is directed to file a fresh affidavit regarding the steps which have been taken in terms of para 53 of the judgment rendered by the Hon'ble Supreme Court in the matter of Reepak Kansal (supra). However, learned Advocate General submits return has been filed in WPPIL no No.55/2021. 4. It is respectfully submitted that in compliance of the order passed by the Hon'ble Supreme Court in the case of Reepak Kansal Vs. Union of India, the State Government has issued circular dated 24.09.2021. Copy of the circular dated 24.09.2021 is being filed and annexed herewith as ANNEXURE R/7 for the ready reference of this Hon'ble Court. 5. It is respectfully submitted that it is clear from the Para 6 2 of the circular dated 24.09.2021 that the National Disaster Management Authority has prescribed compensation of Rs. 50,000/- for every person died due to Covid-19. It is further explained that the said compensation amount would be given under the funds of State Disaster Management Fund. 6. It is respectfully submitted that in compliance of the order dated 30.06.2021, passed by the Hon'ble Supreme Court in WPC No. 539 of 2021 and WPC No. 554 of 2021 the National Disaster Management Authority has issued guidelines. Under said guidelines for ex-gratia assistance to next kin of the deceased by Covid- 19 has been communicated to the Chief Secretaries of the State vide circular dated 11.09.2021. Copy of the circular dated 11.09.2021 along with the guidelines for ex-gratia assistance to next kin of the deceased by Covid-19 is being filed and annexed herewith as ANNEXURE R/8 for the kind reference of this Hon'ble Court. 7. It is submitted that the State Government has again issued guidelines on 08.10.2021 for providing financial assistance to the dependents and relatives of the deceased died due to Covid-19. Copy of the guidelines dated 08.10.2021 is being filed and annexed herewith as ANNEXURE R/9 for the ready reference of this Hon'ble Court. 8. In view of the above it is respectfully submitted that the judgement passed by the Hon'ble Supreme Court in the matter of Reepak Kansal Vs. Union of India & Others ha been complied with. 9. That, it is respectfully submitted that the deponent herein has immense respect for the orders and directions passed by this Hon'ble Court and the deponent herein is bound to act as per the directions passed by this Hon'ble Court and in accordance with law. 7 10. That, the submissions made hereinabove and the factual pleadings contained therein are true to my knowledge as derived from the official records and believed by me to be true.” 6. Having considered the submissions made by learned counsel for the parties and upon perusal of the affidavit filed by the Deputy Director, Department of Health, Raipur, along with the documents placed on record, this Court is satisfied that the State Government has taken requisite steps pursuant to the directions issued by the Hon’ble Supreme Court in Reepak Kansal (supra). The State Government has issued the circular dated 24.09.2021 providing for ex-gratia assistance of Rs.50,000/- to the next of kin of every person who died due to COVID-19, from the State Disaster Management Fund, and has also issued guidelines dated 08.10.2021 for extending financial assistance to the dependents/relatives of the deceased. Thus, the grievance raised in the present Public Interest Litigations, insofar as it relates to the grant of ex-gratia compensation to the families of frontline personnel who lost their lives due to COVID-19, stands substantially addressed. 7. So far as the other reliefs sought by the petitioners with regard to insurance, service benefits and bonus to the frontline personnel deployed during the COVID-19 pandemic are concerned, the same are matters essentially falling within the domain of the competent authorities and the applicable service rules, policies and schemes. 8 8. In view of the subsequent measures taken by the State Government and the material placed on record, no further effective direction is warranted in exercise of the jurisdiction of this Court under the present Public Interest Litigations. 9. Accordingly, both WPPIL No.46/2020 and WPPIL No.55/2021 are disposed of. 10. It is, however, observed that the disposal of these petitions shall not come in the way of any eligible person or his/her legal heirs from claiming any benefit or compensation otherwise admissible under the applicable rules, schemes, circulars or law. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra