Behula Khatun v. The State of Assam and 4 Ors

ORDER Date : 08-02-2024 Heard Mr. M.R. Khandakar, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2 – 5. None has appeared for the respondent no. 6, Finance Department, Government of Assam.

¶2The petitioner has stated that her husband, Late Minhaz Uddin Mollah died on 16.08.2020 due to Covid-19. Seeking disbursal of [i] one time financial Page No.# 3/5 assistance of Rs. 2.5 lakhs as the wife of Late Minhaz Uddin Mollah who was a Covid-19 victim, as per the policy named as 'the Chief Minister's COVID 19 Widows Support Scheme', and [ii] an ex-gratia assistance of Rs. 50,000/- as his Next-of-Kin [NoK] in terms of a Notification dated 15.11.2021 of the Revenue & Disaster Management [General] Department, Government of Assam, the petitioner has preferred this writ petition on the premise that despite approaches to the respondent authorities, the reliefs were not disbursed to her.

¶3Notices were issued to the respondents on 02.06.2023. By the Notification bearing no. RGR.1031/2021/13 dated 25.11.2021, it had inter-alia been notified that the National Disaster Management Authority [NDMA] had recommended an amount of Rs. 50,000/- per deceased person, if the cause of death was certified as Covid-19. The District Disaster Management Authorities [DDMAs] of all the districts of Assam were notified as the disbursement authorities for such ex-gratia assistance to the Next-of-Kin of a deceased, died due to Covid-19. Today, Ms. Barman has placed a copy each of a Sanction Order bearing no. HRR/DDMA/42/2021/182 dated 16.12.2023 and a Disbursal Letter bearing no. HRR/DDMA/17/2023 Dated 06.01.2024. From the said two documents, it is noticed that an amount of Rs. 50,000/- has been sanctioned by the Sanction Order dated 16.12.2023 and thereafter, the said amount has been remitted to the bank account of the petitioner vide a Disbursal Letter dated 06.01.2024.

¶4By a Press Release no. 160/2021, the scheme, the Chief Minister's COVID 19 Widows Support Scheme was announced. From the Press Release no. 160/2021 of the Janasanyog, Assam, it is noticed that the said Scheme had been launched in a bid to provide social and financial security to all widows who had lost their husbands in Covid-19 pandemic. Under the Scheme, a one-time Page No.# 4/5 financial assistance of Rs. 2.5 lakh would be given to such women who lost their husbands due to Covid-19. To be eligible under the scheme, the beneficiary's husband should have died with a Covid positive status and the beneficiary must belong to low-income group with an annual income up to Rs. 5 lakhs.

¶5The petitioner has stated that her husband, Minhaz Uddin Mollah died on

16.08.2020 at Hayat Hospital due to Covid-19 and the burial of the dead body was done at Athgaon Kabarsthan, Guwahati by following the Guidelines of cremation of dead bodies of Covid-19 positive persons. The petitioner has stated those facts have been certified in an Order issued under Memo no. KRR.DDMA.K[M]03/2020/2944 of the Deputy Commissioner & Chairman, DDMA, Kamrup Metropolitan District, Guwahati [Annexure-1]. In the writ petition, the petitioner has further averred that she was serving in a Venture M.E. School and her service was provincialized in the year 2021 w.e.f. 01.01.2021 and she was getting approximate salary of Rs. 11,000/- per month. It is further stated that she retired from service in January, 2023 and is not getting any pension.

¶6No instruction as regards the petitioner's entitlement under the Chief Minister's COVID 19 Widows Support Scheme has been placed before the Court till date. As the Chief Minister's COVID 19 Widows Support Scheme envisages disbursal of one-time financial assistance of Rs. 2.5 lakh to a widow who has lost her husband due to Covid-19, subject to meeting the criteria laid down therein, this Court is of the considered view that the respondent authorities are in the best position to examine and consider the case of the petitioner as regards entitlement of the petitioner.

¶7As the respondent authorities, more particularly, the respondent no. 4 and the respondent no. 5 can examine the entitlement of the petitioner as regards Page No.# 5/5 one-time financial assistance of Rs. 2.5 lakhs under the Chief Minister's COVID 19 Widows Support Scheme for low income families, this Court considers it appropriate to dispose of the writ petition with a direction to the respondent authorities, more particularly, the respondent no. 4 and the respondent no. 5 to examine and consider the case of the petitioner as regards her entitlement or otherwise for one-time financial assistance of Rs. 2.5 lakh under the Chief Minister's COVID 19 Widows Support Scheme for low income families. It is accordingly ordered.

¶8The petitioner shall submit an application before the respondent no. 4 within a period of 3 [three] weeks from today along with all the supporting documents in support of her such claim. On receipt of such application, the respondent no. 4 shall consider the application, by causing an enquiry, if found necessary, and thereafter, dispose of the application by a speaking order within a period of 3 [three] months. The petitioner and/or the other Next of Kins [NoKs] of the deceased person is/are directed to extend her/their assistance and cooperation during the process of such enquiry and shall furnish the relevant information/documents, available at her/their disposal, as and when asked for, to facilitate the process of enquiry.

¶9The documents placed by Ms. Barman, learned Junior Government Advocate, Assam are to be kept with the case records.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010117822023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3157/2023o BEHULAoKHATUNo W/O-oLT.oMINHAZoUDDINoMOLLAH,o VILL.-oKHODAIDILAo(SOUTHoSALMARA),o P.O.oANDoP.S.-oSOUTHoSALMARA,o DIST.-oSOUTHoSALMARAoMANKACHAR,o ASSAM,oPIN-o783128. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPTT.,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTORATEoOFoINFORMATIONoANDoPUBLICoRELATIONS oASSAM oDISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONER oKAMRUP(METRO) oHENGRABARI oGUWAHATI o DIST.-oKAMRUP(M) oASSAM o PIN-o781036. 4:THEoDEPUTYoCOMMISSIONER oSOUTHoSALMARAoMANKACHAR oASSAM Page No.# 2/5 HATSINGIMARI P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135. 5:THE CIRCLE OFFICER OF SOUTH SALMARA REVENUE CIRCLE P.O. AND P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783128. 6:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY