Orissa High Court Orders ₹50 Lakhs Compensation & Family Pension To Widow Of On-Duty Constable Who Died Of COVID-19

The Orissa High Court has ordered the State authorities to pay an ex-gratia compensation amount to the tune of rupees fifty lakhs along with special family pension to the widow of a police constable who died of COVID-19 while on-duty.

Discarding the argument of the State that the deceased was not deployed in field duty, the Single Bench of Justice Krushna Ram Mohapatra observed –

“He might not be discharging duty in the field, but dealing with service records and related works of the said staff and officers and other related works of the COVID management. The said duty made him vulnerable to COVID infection and ultimately took his life.”

Factual Background

The husband of the petitioner (the deceased) Satyabadi Dehury was appointed as a constable in 1999 and in the course of employment, he was attached to HRMS Section, Angul on 9th April, 2016 and was directed to work at Reserve Office, Angul for HRMS.

While continuing as such, he was tested COVID positive on August 25, 2021 while on duty. Unfortunately, while undergoing treatment at Government COVID Care Centre, Aditya Aswini Hospital, Bhubaneswar, the treating Medical Officer declared him dead on October 12, 2021 at about 10.15 P.M.

Subsequently, the Superintendent of Police (SP), Angul certified the death of the deceased to have happened during the course of his duty. Accordingly, the petitioner, being the widow, applied for ex-gratia compensation and special family pension as per Finance Department Resolution. However, her application was rejected. Being aggrieved, she approached the High Court in this writ petition.

Court's Observations

To decide as to whether the petitioner/widow is entitled to receive the compensation amount along with special family pension, the Court examined the clauses of the Finance Department Resolution and observed–

“In the instant case, the Superintendent of Police, Angul, who was the Disciplinary Authority of the husband of the Petitioner, had already certified that Satyabadi Dehury was a Constable of police from 16th August, 2020 to 25th August, 2021 and he was assigned duty as Reserve Officer to update the Service Books and all other HRMS related works. Being a part of Reserve Office, he was always exposed to infection as most of the COVID-19 related deployment is done from the said office which is a COVID-19 management related duty.”

Further, the Court perused a letter made by the SP, Angul to the ADGP (L & O), Odisha wherein he had requested the authority to approve the application of the petitioner considering the place of posting, which kept him exposed to the risk of infection, even though he was not deployed for enforcement duties related to COVID-19.

Justice Mohapatra was of the view that as the deceased was on duty till he was diagnosed with COVID-19, he satisfies the requirements laid down in the Finance Department Resolution since he was dealing with service records of the staff and officers of the said office which was controlling the COVID management duty and was not on leave when he was infected with COVID-19.

“…there cannot be any iota of doubt that the Petitioner being the widow of late Satyabadi Dehury, who died due to COVID-19 while on active line of duty, is entitled to ex-gratia of Rs.50.00 lakh (Rupees fifty lakh) and special family pension as per the notification,” the Court said.

Accordingly, it directed the SP, Angul and Director General of Police (L&O), Odisha as well as Additional Chief Secretary to Government of Odisha, Home Department to take prompt steps to grant ex-gratia of rupees fifty lakh as well as special family pension to the petitioner within a period of six months.

Case Title: Bharati Satpathy v. State of Odisha & Ors.

Case No: W.P.(C) No. 23242 of 2024

Date of Order: December 06, 2024

Counsel for the Petitioner: Mr. Niranjan Singh, Advocate

Counsel for the State: Mr. Deepak Kumar Sahoo, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 96

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