Government employee dying of COVID-19 after 30.06.2021 cut-off but on duty within 14 days before hospitalization entitled to ex-gratia benefits under GRs; strict cut-off not sacrosanct if hospitalized prior.

JUDGMENT :

Madhav J. Jamdar, J.

1. At the outset, Mr. Ingale, learned Counsel appearing for the Petitioner seeks leave to amend the petition to add prayer clause. Leave as sought for is granted. Amendment be carried out forthwith.Re-verification is dispensed with.

2. Heard Mr. Ingale, learned Counsel appearing for the Petitioner and Ms. Kapre, learned AGP for the Respondent-State.

3. Petitioners, who are the legal heirs and representatives of one Santosh Vishnu Shinde, have filed the present petition inter alia for the following reliefs :

“b) On perusal of the same, this Hon'ble Court by an appropriate Writ, Order and or Direction be pleased to direct the Respondent No. 1 to 3 to grant the benefit of Ex-gratia / Insurance Cover cum Compensation under Government Resolution dated 29.05.2020 passed by the Respondent No.2 and the Government Resolution dated 25.04.2022 giving benefit of Insurance Cover/ Ex- gratia. benefit of Rs.50,00,000/- to the Petitioners herein the Legal Representatives of deceased Santosh Vishnu Shinde who died on 03.07.2021 having contracted Covid -19 while discharging oicial duties.

bb) By issuing Appropriate Writ, Order or Direction in the nature of Article 226 of the Constitution of India, the impugned Order/Communication dated 26.10.2023 passed by Respondent No.3 Executive Officer, Law and Justice Department, Government of Maharashtra, Mumbai be quashed and set aside and the Representation/Application dated 08.04.2022 by Petitioners be kindly granted.”

4. It is the submission of Mr. Ingale, learned Counsel appearing for the Petitioners that the Petitioners are entitled for the benefit as provided by Government Resolution dated 29^th May 2020 and as continued by Government Resolution dated 14^th October 2020 and 25^th April 2022. He submits that deceased Santosh Vishnu Shinde was working as a junior clerk in the Court of Civil Judge, Chiplun, District Ratnagiri. He submits that deceased Santosh was on duty till 31^st May 2021 and thereafter from 1^st June 2021 to 6^th June 2021 deceased Santosh was on summer vacation as granted by the competent authority of Civil Court, Chipulun and during this period, Santosh fell ill. Initially he underwent treatment of Dr. V. V. Joglekar, the local doctor at Chiplun and thereafter on 14^th June 2021, Santosh was shifted to B.K. Walavalkar Rural Medical College, Kasarwadi at Post Savarde Taluka Chiplun District Ratnagiri where he was detected as covid positive and therefore on 15^th June 2021, Santosh was admitted to Noble Hospitals, Hadpasar, Pune for further treatment and he succumbed to covid-19 infection on 3^rd July 2021. He submits that the Petitioners, who are the legal heirs and representatives of deceased Santosh Vishnu Shinde are entitled for the benefit of above Government Resolutions. To support the case of the Petitioners, learned Counsel appearing for the Petitioner relies upon the decision of this Court in Vijaya Yashwant Jadhav v. Block Development Officer , WP No. 17617 of 2024 (Kolhapur Circuit Bench) decided on 10^th December 2025. Learned counsel therefore submits that reliefs sought in the petition be granted.

5. On the other hand, learned AGP submitted that as Santosh expired on 3^rd July 2021 and the Government Resolution dated 25^th April 2022 provides that benefit of insurance cover is to be given to the government employees whose death took place on or before 30^th June 2021, therefore, the said benefit is not available to the Petitioners.

6. Before considering the rival submissions, it is necessary to set out