The court established that a liberal interpretation of insurance benefits for frontline workers is necessary to uphold justice and societal gratitude, even when technical cut-off dates may suggest otherwise.

Oral Judgment [Per M. S. Karnik, J.]:

1. The Petitioners, by this petition, seek relief in terms of prayer clause (b), which reads thus :

“(b) On perusal of the same, this Hon'ble Court by an appropriate writ, order and or direction be pleased to direct the Respondent Nos. 4 and 5 to grant the beneit of Government Resolution dated 29.5.2021 passed by Respondent No. 5 and Government Resolution dated 25.4.2022 passed by Respondent No. 4 giving beneit of Insurance Cover/ Ex-gratia beneit of Rs.50 Lakhs by extending the date of 30.6.2021 till 11.7.2021 as exceptional case for death of said Yashwant Khandu Jadhav Extension Oicer of Karveer Panchayat Samittee due to Covid as he contracted Covid on 16.6.2021 and was in hospital till his death.”

2. Brief facts of the petition are that Petitioners are the heirs and legal representatives of one Yashwant Khandu Jadhav, who was working as Extension Oicer with the Panchayat Samittee, Karveer. Petitioners are the wife, son and mother respectively of deceased Yashwant Jadhav. On 16^th June 2021, Yashwant Jadhav contracted COVID-19 while discharging duty as a government servant. He succumbed to COVID-19 on 11^th July 2021, while he was undergoing treatment in the hospital. Yashwant Jadhav was working in the oice of Respondent No.1, i.e., Block Development Oicer, Karveer, Panchayat Samiti, Kolhapur. Respondent No.2 is the Chief Executive Oicer of Zilla Parishad. Respondent No.3 is the Divisional Commissioner, Pune Division, Pune, under whose jurisdiction the Respondent Nos.1 and 2 function.

3. In the year 2020, with the outbreak of the COVID-19 pandemic, Yashwant Jadhav, being an oicer working with Respondent No.1, was entrusted with the task of inding out COVID-19 infected people, performing anti-COVID tests, and taking them to the hospital. The irst COVID-19 wave was from March 2020 to the end of 2020. The Central Government implemented the scheme of insurance cover of Rs.50 lakh to the health workers, who were in direct contact and care of COVID-19 patients and who may have been at risk of being impacted by the same, which would also include accidental loss of life on account of contracting COVID-19. The State Government, in line of the insurance scheme framed by the Central Government, issued a Government Resolution (“GR” for short) dated 29^th May 2020, providing insurance cover to the employees of the State Government, employees of Local Self Government bodies and employees of Public Undertakings. The beneits under the said GR applied to those who succumbed to COVID-19 till 30^th September 2020. The GR was extended from 30^th September 2020 to 31^st December 2020 by GR dated 14^th October 2020. As the COVID situation worsened, by another GR dated 14^th May 2021, the beneit of insurance cover of Rs. 50 lakh under the Government Resolution dated 29^th May 2020 was further extended till 30^th June 2021. The said cover remained subject to the terms and conditions laid down in GR dated 29^th May 2020.

4. Respondent No. 4 made GR dated 29^th May 2020 applicable to all employees by Circular dated 8^th July 2020. The State Government, through Respondent No. 4, decided to give the beneit of the said scheme of insurance cover to the village panchayat employees who passed away while discharging their duties during the COVID-19 pandemic up to 30^th June 2021.

5. Yashwant Jadhav was 45 years of age at the relevant time. He worked during the irst wave of COVID as a frontline worker. Even during the second wave from March 2021, Yashwant continued to work as a frontline worker and hence was insured under the insurance cover scheme declared by Respondent No.4. In the second wave, Yashwant was entrusted by the Respondent No. 1 with the responsibility of implementing measures to prevent the spread of COVID-19. Yashwant was diagnosed for having contracted COVID-19 while performing his duties during the second wave. Since he tested positive, the treatment commenced. However, on 28^th June 2021, his health deteriorated. On the ve