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PRANAY VERMA
Meena Bhabhar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition has been preferred by the petitioner, who is the widow of deceased employee Daniel Bhabhar under Article 226 of the Constitution of India challenging the order dated 29.11.2023 passed by respondent No.3, the Collector, District Dewas whereby her claim under the Mukhya Mantri COVID-19 Yoddha Kalyan Yojna (here-inafter referred to as “the scheme”) for grant of compensation on account of death of her husband while performing Covid-19 duties has been rejected.
2. In brief facts of the case are that petitioner's husband late Daniel Bhabhar was working on the post of Assistant Sub Inspector in Police Department and was posted at BNP Note Press, Dewas. During COVID-19 pandemic he was on duty at Amaltas Hospital, Banger. During such period only he was infected with Corona virus and expired on 1.5.2021.
3. Since the State Government had floated the aforesaid scheme on 17.4.2020, the petitioner being widow of the deceased employee, applied for award of compensation under the scheme which provides for grant of Rs.50,00,000/- to the kin of an employee who has died on account of COVID-19 and also an employee who has died in an accident while performing COVID-19 duties. The c
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.
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.
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.
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.
The definition of health workers under welfare schemes must be interpreted broadly to include all staff in direct contact with patients during the COVID-19 pandemic.
Point of Law : Rule 5 of U.P. Dying in Harness Rules, 1974 clearly bars the appointment of the petitioner on compassionate ground.
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