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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, CIRCUIT BENCH AT KOLHAPUR
MADHAV J.JAMDAR, PRAVIN S.PATIL
Maya Dattatraya Shinde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual timeline of duties, covid infection, and death (Para 2 , 3 , 4) |
| 2. parties' contentions on policy coverage and cut-off (Para 5 , 6) |
| 3. traffic controllers with public contact covered by policy (Para 7 , 8 , 9) |
| 4. state grs bindingly extend msrtc policy period (Para 10) |
| 5. cut-off date as pre-infection, not death (Para 11 , 12) |
| 6. coverage if worked within 14 days of death (Para 13) |
| 7. petitioner entitled to rs.50l compensation under policy (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Heard Mr. Talkute, learned Counsel for Petitioner, Mr. Rananaware, learned Counsel for Respondent No.2 and Mr. Kalel, learned AGP for Respondent No.1/State.
2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging order dated 15/2/2021, by which, it has been held that as the deceased husband of the Petitioner i.e. Dattatraya Shinde was not doing actual duty related to COVID-19 pandemic, and therefore, the Petitioner is not entitled for the compensation which is to be given to the family members of the employees, who succumbed to COVID-19 pandemic while performing their duties.
3. Before setting out the rival contentions and consideration of the sam
COVID-19 policy covers traffic controllers in public contact; cut-off date means infection before 30/9/2020, not death; state extensions binding on corporations, entitling family to compensation.
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.
State-sponsored benevolent insurance schemes for COVID-19 related deaths of public employees are to be interpreted broadly and purposively to include all support staff whose duties exposed them to in....
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
Court emphasizes liberal interpretation of welfare-oriented schemes to support families of frontline workers who died due to COVID-19.
A deceased government employee who succumbed to COVID-19 while on duty should be recognized as a Covid-19 Warrior under the government's guidelines, and the rejection of entitlement based on contradi....
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