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Smart Summary

Factual and Procedural Background

These writ petitions were filed seeking to quash clause 4 of G.O.M.S. No. 174 dated 03.04.2020 passed by the respondent. The petitioners requested directions to the respondent to provide free medical assistance to all COVID-19 affected patients, irrespective of any conditions. They also sought the constitution of a State Level Executive Committee and District Level Disaster Management Committees to assist in preventing and controlling COVID-19. Additionally, they prayed for notification and approval of COVID-19 isolated wards in government and private hospitals with free treatment and testing, quarantine arrangements for persons arriving from foreign countries, provision of personal protective equipment (PPE) for healthcare workers as per WHO guidelines, and quarantine measures for essential service workforce to prepare for future COVID-19 catastrophes.

The petitioner’s counsel highlighted issues faced by residents in areas such as Korukupet, Vyasarpadi, Puliyanthoppu, and Ambattur, including insufficient food supplies and lockdown of migrant laborers. They pointed out the non-establishment of Community Kitchens promised by the Chief Minister and the inadequacy of masks and PPEs. The respondents, represented by the Additional Advocate General, submitted detailed information regarding the availability of PPEs, masks, and testing kits, and asserted that food supplies and financial aid were being provided to ration card holders. The respondents also addressed the utilization of volunteers who had registered for service during the crisis. The court expressed concern for the health and welfare of frontline workers and emphasized the need for their protection and adequate rest.

Legal Issues Presented

  1. Whether clause 4 of G.O.M.S. No. 174 dated 03.04.2020 should be quashed for failing to ensure free medical assistance to all COVID-19 affected patients.
  2. Whether the respondents are required to constitute State and District level Disaster Management Committees specifically for COVID-19 prevention and control.
  3. Whether the respondents should be directed to notify and approve COVID-19 isolated wards in government and private hospitals with free treatment and testing.
  4. Whether the respondents should provide personal protective equipment (PPE) as per WHO guidelines to healthcare workers and quarantine essential service workforce for future COVID-19 contingencies.

Arguments of the Parties

Petitioner’s Arguments

  • Clause 4 of the government order should be quashed to ensure free medical assistance to all COVID-19 patients.
  • The government should constitute State and District Disaster Management Committees to effectively prevent and control COVID-19.
  • COVID-19 isolated wards in government and private hospitals should be notified and approved, providing free treatment and testing.
  • Provision of PPE as prescribed by WHO is necessary for doctors, nurses, and hospital staff in COVID-19 wards.
  • Quarantine arrangements should be made for persons arriving from foreign countries and for sections of essential service workforce.
  • Community Kitchens promised by the Chief Minister have not been opened despite the need in affected areas.
  • There is a shortage of masks and PPE which needs urgent attention.
  • Volunteers registered for COVID-19 related service, including doctors and paramedical staff, are not being utilized effectively.

Respondent’s Arguments

  • There is an adequate supply of PPEs, N-95 masks, three-layered masks, and testing kits, with numbers increasing regularly.
  • Financial aid of Rs. 1,000 has been given to ration card holders, along with free ration materials and groceries, ensuring no one suffers from lack of food.
  • The authorities will verify the claims regarding food supply and utilization of volunteers and inform the Court in the next hearing.
  • The Administration is willing to utilize volunteers’ services if necessity arises.
  • Frontline workers such as doctors, health workers, sanitary workers, and policemen are being given sufficient breaks and are safeguarded through regular testing.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court carefully considered the submissions of both parties. It acknowledged the petitioner’s concerns about the adequacy of medical assistance, protective equipment, and food supply in vulnerable areas. The Court recorded the detailed data provided by the respondents regarding PPEs, masks, and testing kits, and accepted the respondents’ assurance to verify and report on food supplies and volunteer utilization. Emphasis was placed on the health and welfare of frontline workers, recognizing their critical role and the need for proper rest, protection, and commensurate remuneration. The Court expressed appreciation for the ongoing efforts of healthcare and essential service personnel in combating the pandemic. The matter was adjourned for further hearing after two weeks to allow verification of pending issues.

Holding and Implications

The writ petitions were not disposed of at this stage; the Court adjourned the matters for two weeks for further verification and reporting by the respondents.

The decision directly affects the parties by requiring the respondents to verify claims related to food supply and volunteer utilization and to report back to the Court. No new precedent was established by this interim order. The Court’s observations underscore the importance of protecting frontline workers and ensuring adequate resources during the COVID-19 pandemic.

    S. Jimraj Milton v. Union Of India And Another

    N. Kirubakaran, J.:— These Writ Petitions have been filed (i) to call for the records pertaining to G.O.M.S. No. 174, dated 03.04.2020 passed by the respondent and quash the clause 4 of the same and direct the respondent to provide and ensure medical assistance irrespective of all COVID-19 affected patients at free of cost, (ii) to direct the 2 respondent to constitute a State Level Executive Committee to assist the State Government/State Disaster Management Authority to perform its functions in preventing & controlling the COVID-19 and constitute a District level Disaster Management Committee to prevent and control the COVID -19 and direct the 2 respondent notify and approve the ‘COVID-19’ isolated wards in Government & Private Hospitals wih free of costs for treatment and testing and handling all suspected persons who arrived from foreign country 01.03.2020 onwards, keep them into special quarantine camps and further provide personal protective equipments (PPE) especially for doctors, nurses and hospital staffs in COVID-19 wards as per the prescription of WHO and to quarantine a section among the workforce of essential services for future catastrophe of COVID-19.

    2. It is stated by Mr. S. Parthasarathy, learned counsel appearing on behalf of the petitioner that the people living in areas like Korukupet, Vyasarpadi, Puliyanthoppu and Ambattur are not having sufficient food and migrant labourers are also locked up in those areas. Secondly, he would point out that as per the announcement made by the Hon'ble Chief Minister under Rule 110, on the floor of the Assembly on 24.03.2020, as per the requirements, Community Kitchens would be opened by the Chennai Corporation. However, so far no Community Kitchen has been opened. If Community Kitchens are opened, it would help people in those areas. He pointed out that sufficient number of Masks and Personal Protective Equipments (PPE) are not available and therefore, that has to be taken care of by the Government.

    3. Mr. Aravind Pandian, learned Additional Advocate General appearing on behalf of the respondents would submit that there are about 37,648 number of Personal Protective Equipments (PPE), 1,17,000 number of N-95 Masks and 7,75,106 number of three layered masks. As far as testing kits are concerned, 14,000 number of testing kits are available as on date. He would submit that the supply is regularly coming and the numbers are increasing. With regard to the non-supply of food in those areas mentioned by the learned counsel for the petitioner, the learned Additional Advocate General would submit that as per the Policy of the Government, Rs. 1,000/- has been given to the ration card holders and free ration materials and groceries are also provided. Therefore, nobody is suffering for want of food. In any event, he would submit that he would inform the Authorities and verify the same and inform this Court in the next hearing.

    4. With regard to the volunteers who are coming forward to help the Administration in these days of crisis, the learned counsel for the petitioner would submit that though about 45,000 persons including 100 Doctors and 3500 Para Medical Staffs have registered for voluntary service, their services are not being utilized.

    5. However, learned Additional Advocate General would submit that in case of necessity for utilizing their services, the Administration is always willing to do that and in this regard also, he will verify and inform this Court in the next hearing.

    6. Details regarding availability of Masks and other protective materials have been given by Mr. Aravind Pandian and the same is recorded. This Court is also concerned with the health condition of the Doctors, Health Workers, Sanitary Workers and the Policemen as they are the forefront warriors in the fight against the Corona Virus. Therefore, they should be given break sufficiently, which according to the learned Additional Advocate General is being given. They should also be safeguarded against the viral attack and therefore, they should be subjected to regular testing by the Authorities. This Court hails and appreciates the round the clock service rendered by Doctors, Health Workers, Sanitary workers and Policemen in the fight against dangerous pandemic which is threatening the entire humanity. This Court hopes and expects that respective Governments would appreciate their services by proper increase in their salaries. This Court is of the firm opinion that Doctors, Health workers and Policemen are doing service day and night throughout the years and their salary is not in commensurate with their work. Their work and services are essential for maintaining good health and law and order in the society.

    7. Call the matters after two weeks.

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    Comments

    S. Jimraj Milton v. Union Of India And Another
    (Apr 9, 2020)