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Judiciary

Supreme Court will shortly hear plea seeking ex gratia payments to the families of those who died of COVID19

By Lawstreet News Network      Feb 04, 2022      0 Comments
Supreme Court exgratia payments covid

Supreme Court will shortly hear plea seeking ex gratia payments to the families of those who died of COVID19. On the last date of hearing the court held that not a single eligible person should be left unpaid

Justice Shah: We have gathered the information from the legal services authorities. No State has given any particulars, only Statistics is given. This is all. This was not our purpose !

Manisha Kumar for Gujarat: But milords, I have received the information

Justice Shah : It is incorrect!

Kumar for Gujarat: It has to be done! We will do it today.  I will make sure it will go today itself all details will go.

Justice Shah: Why do we have to tell the government all the time?

Gujarat: We will do the needful immediately

ORDER:

Despite our earlier orders, it appears that most of the States have given on statistics and not particulars. The object of earlier order to give particulars, is to understand that people who have not approached for compensation, legal services authorities will reach out to them

Similarly, particulars wrt to orphans are also not given. We direct all the States to give full particulars to the concerned State LSA including wrt to orphans within 1 week from today. Failing which it will be viewed seriously!

We direct the States to appoint a dedicated officer to appoint an officer to coordinate with the LSA to ensure that it reaches eligible persons. The rationale is to ensure that it reaches all persons who have not approached. As and when such particulars are given

IF the member secretary files out of the deaths registered, some of the family members are yet to be given compensation the MS of LSA will reach to them through a secretary DLSA/Secrtary Taluka and through Para legal volunteers. Their function would be facilitate those people to get compensation. Their role shall be of the ombudsman. If there is any difficulty they shall approach the concerned person. All shall cooperate in the above process.

From the report which is submitted it appears that many States are rejecting applications, we direct that

They shall not be rejected on technical grounds, if there is a glitch the State must give them to cure it. The ultimate goal of the State is to provide some solace to concerned victim’s family. Adjourned

The dedicated officer should not be below the rank of Deputy Secretary of the CM’s secretariat.

Justice Shah: Who is for Maharashtra?  Your State is rejecting offline applications. You have to application received online and offline!!

Chitnis for Mh: We have contacted them

Justice Shah: People are going to Bombay HC! We have received information!

Justice Shah: We are doing Charity!!!! You are a welfare State!!!

Order:

As far as Maharashtra 61k applications are rejected out of 2,27,000 claims received. Some applications are rejected on the grounds that they are filed offline . Such a rejection is not warranted and it is not called for. All States have to consider applications issued on



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