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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Subodh Nayan Lakeshri – Appellant
Versus
General Manager Brihan Mumbai Electricity Supply and Transport Undertaking – Respondent
| Table of Content |
|---|
| 1. suspected covid death during duty grounds compassionate claim. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. preponderance of probability proves covid causation. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 3. absence of rtpcr justifies benefit denial. (Para 20 , 21 , 22 , 23) |
| 4. court adopts low proof threshold for relief. (Para 24 , 25 , 26 , 27 , 28) |
| 5. quash rejection; grant employment and compensation. (Para 29) |
JUDGMENT :
R.I. CHAGLA, J.
1. By this Writ Petition, the Petitioner is seeking quashing Digitally and setting aside of the impugned decision communicated vide letter dated 23rd November 2021 (Exh.H to the Petition) passed by the Respondent No. 1. Further direction is sought against the Respondents directing them to forthwith give employment to the Petitioner on compassionate grounds by considering his case under Administrative Order No. 407 of 2020 dated 8th May 2020 issued by Personnel & Welfare Establishment of Respondent No. 1. Further direction is sought against the Respondents to forthwith give ex- gratia compensation by considering the Petitioner’s case under the Departmental Notification dated 10th June 2020 issued by the Personnel & Welfare
Preponderance of probability suffices for COVID-19 duty death benefits via symptoms, hospital records despite no RTPCR; rejection ignoring evidence and delayed committee opinion set aside, directing ....
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
The main legal point established in the judgment is the significance of immediate consideration for Medical Invalidation in cases of Compassionate Appointment, and the obligation of the Authority to ....
Compassionate appointment claims must be evaluated under the policies in effect at the time of the employee's demise, not subsequent schemes.
In peculiar facts, court directed ex-gratia Covid compensation to family of frontline municipal employee bypassing further scrutiny of technical procedural lapses like private hospital admission and ....
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and....
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