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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
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 same, it is relevant to note certain factual aspects. Chart of date and events has been handed over by the learned Counsel appearing for the Petitioner, which is set out herein below :-
4. As per the contention of the Petitioner, her husband was working as a Traic Controller at the relevant time from 1/2/2020 to 22/9/2020. In fact it is her case that her husband was working as a Bus Conductor at the relevant time i.e. between 23/9/2020 upto 27/9/2020. It is admitted position that on 28/9/
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.
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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....
Authority must consistently apply its guidelines and cannot contradict its own documents pertaining to eligibility for public benefits.
Welfare schemes, like the COVID-19 ex-gratia compensation, must be interpreted broadly to fulfill their intended purpose and benefits for the deceased's family.
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 hospitalize....
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