Benevolent COVID-19 ex-gratia schemes for essential duty employees extend to supervisory staff exposed to equivalent infection risks as frontline workers; narrow literal interpretation rejected.

JUDGMENT :

S.M.MODAK, J.

1. The issue involved in this Writ Petition is about entitlement of wife of deceased to claim compensation from the respondents on account of death of her husband. Bapu Jagtap was the employee of respondent No.1–Maharashtra State Road Transport Corporation Ltd. (“MSRTC Ltd.” for short, henceforth) and on relevant date, he was deputed at Wadala Depot of Brihanmumbai Electric Supply and Transport Undertaking (“BEST” for short, henceforth). He died on 7^th April 2021 at Sub-district Hospital, Yevala, District : Nashik on account of COVID-pneumonia. The petitioner being the wife claimed compensation from MSRTC Ltd. However, it was rejected and communicated through letters dated 21^st January 2022, 5^th March 2022 and 2^nd March 2023. It was rejected for the reason “deceased Bapu Jagtap was not assigned essential services and he was not the driver involved in the interstate transport.”

2. This decision is challenged by way of this petition and there is prayer for issuing Writ of Mandamus against the respondents to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakh). The petitioner heavily relied upon the compensation to be paid as per the circular dated 1^st June 2020 issued by the MSRTC Ltd. and pleaded that the benefit can be extended to employees working in MSRTC. There is also a contention raised that the wording of the circular cannot be strictly construed so as to mean only those employees doing the driving job.

3. The respondent No.1 is the Chairman of MSRTC Ltd. The respondent No.2 is the Divisional Controller – MSRTC – Nashik Region, Nashik. The respondent No.3 is the Depot Manager of MSRTC – Nashik Depot and the respondent No.4 is the Government of Maharashtra. The respondent Nos.1 to 3 through their Affidavit-in- Reply has opposed the prayer on the ground of non-fulling the criterion as laid down in the circular in question and second contention is case of husband of petitioner falls within the purview of circular No.32 of 2021 dated 30^th September 2021 issued by the General Manager of MSRTC Ltd., wherein compensation of Rs.5,00,000/- (Rupees Five Lakh) can be paid in case of employees death due to COVID (but who are not entitled to get either insurance benefit or compensation of Rs.50,00,000/-).

4. On this background, we have heard learned Advocate Mr.Akhil Kupade for the petitioner, learned Advocate Mr.Nitesh Bhutekar for respondent Nos.1 to 3 – MSRTC Ltd., and learned AGP Smt.Reena Salunkhe, for respondent No.4 – State. The relevant facts need to be stated. They are as follows:-

(i) The deceased was employee of MSRTC and he was deputed at BEST Bus Depot – Wadala for supervising the traffic as per letter dated 23^rd March 2021.

(ii) The deceased joined the duty at Wadala on 24^th March 2021.

(iii) Deceased worked there till 28^th March 2021. Admittedly, the deceased was not the driver.

(iv) The deceased was not feeling well and hence, he sought leave from 29^th March 2021 till 31^st March 2021.

(v) He returned to native place and taken treatment from 31^st March 2021 till 2^nd April 2021 in local dispensary.

(vi) He was advised on 3^rd April 2021 to undergo Corona Virus Test. He was advised to admit in Corona Centre i.e. Sub- district Hospital, Yevala.

(vii) On 5^th April 2021, he was diagnosed as COVID positive.

(viii) He died on 7^th April 2021. There is a certificate issued by Sub-district Hospital, Yevala – Nashik certifying his cause of death. The findings are as follows:-

(a) There is respiratory failure.

(b) Terminal Type I.

(c) Case of ARDS, in case of COVID pneumon