LAWS(ORI)-2023-1-22

UPALI APARAJITA LENKA Vs. UNION OF INDIA

Decided On January 10, 2023
Upali Aparajita Lenka Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Mr. Jena, learned advocate appears on behalf of petitioners and submits, they are legal representatives of Sanjay Kumar Nayak, since deceased on 20/6/2021. 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 dtd. 2/3/2022, claim for dependant 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, more than the scheme prescribed period of 45 days.

(3.) On query from Court Mr. Jena draws attention to annexure-2 being document dtd. 13/10/2021, which is report of RT-PCR test that was conducted on the deceased. The sample was drawn on 16/4/2021 and report made on 13/10/2021, saying that result was positive. However, in the meantime on 20/6/2021, the COVID-19 infected person died. He reiterates that by official document for COVID-19 death issued on 19/12/2021, the deceased Sanjay Kumar Nayak was certified to have died due to COVID-19.