“Dispense with compensation to those who’s particulars already available”: Supreme Court to Centre

  • Gautam Mishra
  • 08:29 PM, 23 Nov 2021

Read Time: 05 minutes

The Supreme Court on Monday asked Central Government to dispense with the ex gratia compensation of Rs.50,000/- to those whose particulars are already available with the Government.

“In the meantime, at least ex gratia amount of compensation of Rs.50,000/- should be paid to those whose particulars are already available with the Government because they are already having the data of the persons who died due to Covid-19, as so far as those persons are concerned they have died due to Covid-19 even as per the Government,” the court said.

A bench of Justice MR Shah and Justice BV Nagarathna while directing the Government to pay said, “they are already having the data of the persons who died due to Covid-19, as so far as those persons are concerned they have died due to Covid-19 even as per the Government.”

The Court has called upon the Central Government to gather the information from all the States on whether its earlier order of payment of ex gratia payment of Rs.50,000/- and constitution of Grievance Redressal Committees have been complied with by other States or not.

Earlier, the Court had said that the Gujarat Government has attempted to overreach its order while appointing a scrutiny Committee for allowing ex-gration compensation to the families of persons who died of Covid.

On Monday, Top Court noted that though a modified resolution of the Government was on record, it was prima facie of the opinion that the same required modification/clarification, subject to submissions by the Centre.

“Having gone through the modified Government Resolution dated 21.11.2021, we are prima facie of the opinion, subject to hearing Mr. Tushar Mehta, learned Solicitor General, that it requires further modification and/or clarification,” Court said in its order.

The Court had approved the centre’s proposal that the next of kin of the people who died of COVID-19 shall be paid an amount of Rs 50,000, over and above the amounts paid by center and state under various benevolent schemes.

The matter pertains to the plea seeking ex-gratia monetary compensation of Rs. 4 lacs or notified ex-gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19 in view of  Section 12 of The Disaster Management Act, 2005. 

Cause Title: Gaurav Kumar Bansal v. Union of India