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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, S.M.MODAK
Sulochana Sharad Kulkarni – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. frontline employee's covid duty, death, and compensation claim. (Para 1 , 2 , 3 , 4 , 5) |
| 2. strict document verification required under gr procedure. (Para 6 , 7) |
| 3. court accepts genuineness of covid death documents. (Para 8 , 9 , 10) |
| 4. technicalities waived for equity in delayed frontline claim. (Para 11 , 12) |
| 5. pandemic honors frontline workers' sacrifices. (Para 13) |
| 6. direct expedited payment processing and timelines ordered. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
(PER M.S.KARNIK, J.)
1. By this petition under Article 226 of the Constitution of India, the petitioners who are the legal heirs of the late employee who died due to Corona virus, are seeking directions to respondents no.1 to 5 to release the amount of Rs. 50,00,000/- towards Covid compensation.
2. The facts of the case in brief are that late Shri Unmesh Sharad Kulkarni joined the services of Manmad Municipal Council (‘Municipal Council’, for short) as Class IV employee with effect from 29/06/1990. The Municipal Council issued a letter dated 09/01/2021 appointing late Shri Unmesh Kulkarni as force staff to tackle Covid-19 surge at Dr. Babasaheb Amebedkar Playground and Railway Institute. Late Shri Unmesh Kul
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 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.
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 ....
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....
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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