Patna High Court - Orders
Shivani Kaushik vs Union Of India on 21 May, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5641 of 2020
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Shivani Kaushik, aged about 23 years (Female), daughter of Thakur
Manbottam Balwant Singh, R/o Vill-Baignabad, P.S.-Biharsharif, District-
Nalanda.
... ... Petitioner/s
Versus
1. Union of India through the Principal Secretary, Ministry of Home
Affairs, Government of India, New Delhi.
2. The State of Bihar through its Chief Secretary.
3. The Principal Secretary, Department of Health, Government of Bihar,
Old Secretariat, Patna.
4. The Principal Secretary, Department of Home, Government of Bihar,
Old Secretariat, Patna.
... ... Respondent/s
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Appearance :
For the petitioner/s : Ms. Shivani Kaushik, (In person)
For the Union of India : Mr. S. D. Sanjay, ASG with
(Respondent No.1) Mr. Naresh Dixit, CGC
For the State : Mr. Anjani Kumar, Senior Advocate
(Respondent Nos.2 to 4 Additional Advocate General IV with
Mr. Amit Kumar Jha, AC to AAG IV
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judge through Video Conferencing from their
residential offices/residences. Also the Advocates joined the proceedings
through Video Conferencing from their residences/offices.)
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 21-05-2020This is in continuation of our earlier order dated 07.05.2020.
From the response filed by the Government of Bihar, Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 2/7 we find Bihar to be the first State to have set up the State Disaster Response Force, envisaged under Section 44 of the Disaster Management Act, 2005. Way back in the year 2010, 612 persons were identified and deputed as part of such Force.
Insofar as grant of benefits to the Corona Warriors whom we have termed as 'Guardian Angles' in our earlier order dated 7th of May, 2020, the State has clarified that for the Staff of Health Department, employees of the State Government, deputed to deal with the current Pandemic Covid-19, incentive of insurance cover already stands provided by virtue of guidelines issued by the Central Government. Communication dated 7th of April, 2020 (page-96/97) is on record to such effect. It is a package issued under the Pradhanmantri Garib Kalyan and termed as "Insurance Scheme for Health Workers Fighting Covid-19".
Insofar as Police Personnel deployed to fight the current Pandemic Covid-19 is concerned, the affidavit clarifies that even though no financial incentive stands granted, but they can avail compensatory leave under the provisions of the Bihar Police Manual, 1978.
Well, in our considered view, this even otherwise, is their statutory right and no charity by the State. Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 3/7 At this point in time, Ms. Kaushik submits that some incentive, be it in whatever form, ought to have been provided to the Police Personnel who are deployed on duty to deal with the issue of Covid-19. Emphasizingly, she points out that in the State of Bihar, salary of the Havildar/constable is even less than the pocket money of a student coming from an affluent background living in a Metropolitan City.
On the other hand, Sri Anjani Kumar, learned Additional Advocate General, submits that at this point in time, considering the current financial position and lack of revenue generation on account of Pandemic Covid-19, it may not be possible to grant any monetary incentive, unless of course, the Central Government is persuaded to come out with a package in that regard. He points out that in the month of April 2020-21, the total revenue generated in the State of Bihar is 450.21 crores as against 2542.23 crores generated in the corresponding month of the previous year. The shortfall is by more than 82 percent.
We are afraid a welfare State cannot deny consideration of such benefits by simply pleading financial hardship or bankruptcy, and it is not a case of a declared financial emergency under the Constitution of India.
We notice that the Central Government has yet not Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 4/7 filed its response and as such as prayed for by the learned Additional Solicitor General Sri S. D. Sanjay, we further grant time of two weeks for such purpose. We are sure that the authorities concerned shall consider all aspects, including granting certain economic package to the State considering the peculiar circumstances in which the State is pushed into, more so, in view of highest density of population and huge influx of the persons returning home, in view of the current Pandemic situation.
As prayed for, the Secretary, Department of Expenditure, Government of India is also impleaded as Party Respondent No.5.
Insofar as the safety from health point is concerned, we notice that the Government of Bihar has already procured equipments such as PPE kits, 3 ply masks and sanitizer etc. and the relevant portion of the affidavit in that regard is reproduced as under:-
Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 5/7 Both the police personnel as also the health workers are provided with the safety kits i.e. gloves, masks, PPE Kits and Sanitizers. No complaint to the contrary is brought to our notice.
We find the affidavit filed by the State to be silent with regard to the status of the employees deputed as Guardian Angels, under employment with the Municipalities/Municipal Corporations.
As such we implead Principal Secretary, Urban Development Department, Government of Bihar as party Respondent No. 6.
Let an affidavit with regard to the status of the incentives given or the measures taken for ensuring safety and protecting life of the employees of the Municipal Corporations/Municipalities in the State of Bihar, be filed before the next date.
Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 6/7 In the affidavit filed by Shri Girish Mohan Thakur in Paragraph 7 it is inter alia averred as under:-
"It is humbly submitted that the Govt. of Bihar is taking all necessary steps regarding providing Personal Protection Equipments (PPEs) and other necessities for the doctors, police personnel and health staffs. Appropriate security is being provided to all the COVID-19 hospitals and doctors and health staffs. ......"
Let the said information be furnished in a tabular form by way of additional affidavit to be filed by the Principal Secretary, Home Department, Government of Bihar and not through the affidavit of the Under Secretary.
Let the newly added respondents as also the Principal Secretary, Department of Home file their affidavit before the next date.
Ms. Kaushik states that before the next date she shall submit in a tabular form the incentives given by all the States to the Corona Warriors. Further by tomorrow she shall positively send a copy of her supplementary affidavit through an E-mail to all the learned counsel. Also the additional affidavit/chart in a tabular form shall be sent in advance through an E-Mail.
Let Ms. Kaushik send the same on the E-Mail id, i.e. '[email protected] of Sri Anjani Kumar, learned Patna High Court CWJC No.5641 of 2020(3) dt.21-05-2020 7/7 Additional Advocate General and E-Mail id, i.e. [email protected] of Sri S. D. Sanjay, learned Additional Solicitor General.
List on 4th of June, 2020 (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-
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