Supreme Court Orders State Government to take immediate actions on Ex-Gratia Payments

Ex gratia Payment Covid 19 Coronavirus Law Insider

Shivani Gadhavi

Published On: February 04, 2022 at 17:54 IST

The Supreme Court of India on February 4, 2022, stated that all the State Governments and Union Territories should appoint separate nodal officers who would solely be dedicated in making Ex-Gratia payments to family members of those who died due to Covid-19.

A Supreme Court Division Bench of Justices M R Shah and B V Nagarathna Ordered the State Governments to coordinate with the State Legal Service Authority (SLSA) and inform the concerned Authority of a particular State with details pertaining to the name, address and death certificate of a deceased.

The Bench also directed that one week from February 4, 2022, the aforementioned details of deceased and orphans should be given to the Concerned SLSA.

The Bench stated that “Despite our earlier Order directing all the State Governments to give full particulars of the deaths due to Covid-19 registered with their portal and the number of persons to whom the Ex-Gratia payment is made, it appears that most of the States have given only statistics and no full particulars are given.”

The Division Bench ordered, “We also direct the concerned State Governments to appoint a dedicated officer, not below the rank of deputy secretary in Chief Minister Secretariat, who shall be in constant touch with the member secretary of the State Legal Service Authority so that he may coordinate with him and see to it that the Applications are received from eligible persons.”

The Supreme Court Division was hearing several Pleas regarding the matter of distribution and payment of Ex-Gratia. The aforementioned Petitions were filed by Bansal and intervenors who were represented by Advocate Sumeer Sodhi.

The Bench also pointed out that “No Application should be rejected for any Application which is submitted offline. You are not doing charity. As a welfare state it is their duty. Why are you sending people from pillar to post. Do it from the bottom of the heart.”

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