Patna High Court - Orders
Aditi Hansaria vs The State Of Bihar on 21 September, 2020
Author: S. Kumar
Bench: Chief Justice, S. Kumar
THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5641 of 2020
======================================================
Shivani Kaushik
... ... Petitioner/s
Versus
Union of India
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7135 of 2020
======================================================
Dinesh Kumar Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7207 of 2020
======================================================
Aditi Hansaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7208 of 2020
======================================================
Ashish Sinha
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7209 of 2020
======================================================
Kishore Kunal
... ... Petitioner/s
Patna High Court CWJC No.5641 of 2020(18) dt.21-09-2020
2/6
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7212 of 2020
======================================================
Abhinay Priyadarshi
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 5641 of 2020)
For the Petitioner/s : Ms. Shivani Kaushik ( In Person )
For the Respondent/s : Mr.Anjani Kumar (AAG4)
Mtr. Rakesh Roshan Singh,
Mr. Abhinav Srivastava
Mr. Prashant Sinha
Mr. Sanjay Kumar Jha
Mr. Lalit Kishore AG
Mr. Jagjjit Roshan
Mr. Amit Kumar Jha AC to AAG4
Mr. Naresh Dixit CGC
Mr. Alok Kumar Rahi AC to AAG4
Mr. Dr. K.N,. Singh ,ASG
(In Civil Writ Jurisdiction Case No. 7135 of 2020)
For the Petitioner/s : Mr.Ritika Rani
Smt. Sangita Kumari
Mr. Dinu Kumar
Mr. Ritu Raj
For the Respondent/s : Mr.Lalit Kishore ( AG)
Mr. Vikash Kumar SC-11
Mr. Dr. K.N. Singh ASG
Mr. Binay Kumar Pandey
Mr. Ratnesh Kumar
(In Civil Writ Jurisdiction Case No. 7207 of 2020)
For the Petitioner/s : Mr.Nikhil Kumar Agrawal
Mr. Vikash Kumar Pankaj
For the Respondent/s : Mr.Lalit Kishore (AG)
Mr. Vikash Kumar SC-11
(In Civil Writ Jurisdiction Case No. 7208 of 2020)
For the Petitioner/s : Mr.Saket Tiwary
Mr. Abhixit Singh
Mr. Bhawana Jhorar
For the Respondent/s : Mr.Lalit Kishore (AG)
Patna High Court CWJC No.5641 of 2020(18) dt.21-09-2020
3/6
Mr.Vikash Kuamr SC-11
Mr.Rajesh Kumar Verma ASG
(In Civil Writ Jurisdiction Case No. 7209 of 2020)
For the Petitioner/s : Mr. Kishore Kunal (In Person)
For the Respondent/s : Mr.Lalit Kishore (AG)
Mr. Vikash Kumar SC-11
(In Civil Writ Jurisdiction Case No. 7212 of 2020)
For the Petitioner/s : Mr.Ritesh Kumar
Mr. Kundan Kumar Ljha
Ms. Kriti Kumari
Mr. Abhinay Pridarshi
Mr. Rajiv Ranjan
Mr. Subham Bajaj
For the Union of India : Mr. Raajesh Kumar Verma, ASG
For the Respondent/s : Mr.Lalit Kishore ( AG )
Mr. Vikash Kumar SC-11
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
18 21-09-2020Initially, Public Interest Litigation was filed by petitioner Shivani Kaushik, in person (C.W.J.C No.5641 of 2020) for a direction to the State Government to make payment of risk and hardship allowance, incentive in form of bonus, additional salary to the police officers, health care staffs as well as municipal staffs, who are front line warriors to fight COVID- 19 pandemic.
State in its reply has stated that staff of health department, employees of State Government deputed to deal with COVID-19 are covered by insurance package of rupees fifty lacs, but as far as police personnels are concerned no financial incentives has been granted but they can avail Patna High Court CWJC No.5641 of 2020(18) dt.21-09-2020 4/6 compensatory leave under the provisions of Bihar Police Manual. As far as safety kits are concerned there are sufficient PPE kits, masks, sanitizer, gloves available for police personnel, health staffs as well as municipal workers. Status report has been submitted by Municipal Corporations in which it has been stated that special emoluments/monitory incentives are being provided to municipal workers as one time measure.
During pendency of writ petition it was brought to the notice of the court that association of para-medical employees and contractual employees (Data Entry Operator) of National Heath Mission went on strike and Junior Doctors threatened to go on strike during pandemic which was in violation of order passed by the Hon'ble Apex Court and they were impleaded as a party respondent and on request of the High Court they called off their strike and started discharging their duties.
C.W.J.C No. 7135 of 2020 [(Dinesh Kumar Singh Vs. State of Bihar, C.W.J.C No.7207 of 2020 (Aditi Hansaria Vs. State of Bihar), C.W.J.C No. 7208 of 2020 (Ashish Sinha Vs. State of Bihar), C.W.J.C. No. 7209 of 2020 (Kishore Kunal Vs. State of Bihar and C.W.J.C. No. 7212 of 2020 (Abhinay Priyadarshi Vs. State of Bihar)] have been filed for commanding the respondents authorities to conduct rapid Patna High Court CWJC No.5641 of 2020(18) dt.21-09-2020 5/6 antigen test, rapid anti-body test and molecular test for COVID- 19 in Bihar, free of cost and to conduct the sero survey in Bihar and also to ensure availability of ventilator, beds, oxygen gas cylinder, rapid test kits and to set up plasma bank at Patna.
Health department in its counter affidavit has stated that it is taking all pro-active, pre-emptive and possible measures to contain and check the pandemic in the State and efforts are to ramp up testing in the State. Strategy of test, track and treat is being proactively implemented and the aggressive testing has facilitated early identification of positive COVID cases which has began to show improvement. Recovery rate in Bihar has improved up to 89.72 % which is above than national recovery rate of 77.77 %. Death rate in Bihar is one of the lowest in the country. The number of test conducted per million population in Bihar has exceeded the national average. 89,871 rapid antigen tests were done and 11400 RTPCR tests were done.
Initiatives to create awareness amongst general public on hand hygiene, respiratory hygiene and environmental hygiene as a major preventive strategy has been taken through print media, electronic media and social media. 104 call centres/help lines have been put in use to guide community. In Patna High Court CWJC No.5641 of 2020(18) dt.21-09-2020 6/6 containment zones, extensive contract tracing, house to house survey for identifying symptomatic persons is being carried out by dedicated teams and 100% test are being conducted in these containment zones. Fines are being imposed and realized for non-wearing mask in public.
State to file further affidavit showing present status of different type of tests being carried out, outcome of negotiations held with Junior Doctors, contract workers of National Health Mission and others and further steps to be taken to contain spread of COVID-19 and method adopted in hospitals and health centres for collection and destruction of used COVID Kits.
List these cases on 05.10.2020.
(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajiv-
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