SHRI LOKESH KAVADYA vs STATE OF CHHATTISGARH

Court
Chhattisgarh High Court

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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
ROHIT
KUMAR
CHANDRA
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya Atal
Nagar, Raipur Chhattisgarh
Digitally signed
by ROHIT
KUMAR
CHANDRA
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

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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
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal Judge ,
Order on Board
Per Ramesh Sinha, Chief Justice
. 09 03 .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

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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

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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,

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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

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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.

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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.

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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