Authority: Patna High Court

Order Date: 11-09-2026

Case Overview

  • Petitioner: Asha Devi, widow of Late Ajay Kumar Sharma, resident of Mohalla‑Kasim Bazar, Munger.
  • Respondents: State of Bihar (Chief Secretary, Additional Chief Secretaries of Health and Disaster Management, Executive Director State Health Society, Regional Additional Director Health Services, Divisional Commissioner Munger, District Magistrate Munger, Civil Surgeon‑Member Secretary District Health Society Munger, Sub Divisional Officer Sadar Munger, Circle Officer Munger Sadar, City Critical Hospital Director, Munger).
  • The petition seeks a writ of mandamus directing payment of ex‑gratia compensation under the Bihar Covid Sahayata Yojana 2022, alleging non‑payment despite the deceased’s inclusion in the district‑level Covid‑19 death list dated 20‑03‑2023 and allocation of funds.
  • Husband died on 21‑05‑2021 at City Critical Hospital, Munger; death certificate records cause as “Severe Covid‑19”.
  • Claim rejected by District Health Committee on 06‑08‑2024 for lack of RT‑PCR/Antigen/TrueNat test report, contrary to Letter No.186(11) dated 09‑03‑2022 which permits compensation without a test report if other credible evidence exists.
  • State argued technical deficiency justified denial; petitioner argued hospital certificate and list inclusion suffice.

Observations

  • Court held death certificate and inclusion in approved list constitute credible corroborative evidence.
  • Cited Supreme Court judgment Gaurav Kumar Bansal v. Union of India (2021 SCC OnLine SC 3384) that absence of a test report is not conclusive and cannot be sole ground for denial.
  • Found State’s reliance on missing test report arbitrary and contrary to the 09‑03‑2022 circular.

Final Outcome

  • Respondents directed to reassess petitioner’s claim afresh, treating death certificate and related documents as sufficient evidence per Letter No.186(11).
  • An opportunity of hearing must be afforded within four weeks of this order.
  • Ex‑gratia compensation under Bihar Covid Sahayata Yojana 2022, and any consequent benefits, must be released within four weeks thereafter.

Topics: Covid‑19 Compensation, Judicial Relief