IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos.31539 & 31540 of 2024 M.Nirmala W/o.Late P.Shankar No.3/309, Kanagaparameswaran Nagar Sathankuppam, Kelambakkam Chengalpattu - 603 103.

..Petitioner Vs

1. Union of India Rep. by the Secretary to Government Ministry of Shipping No.1, Parliamentary Street New Delhi - 110 001. 2. Chennai Port Trust Rep. by its Chairman No.1, Rajaji Salai Chennai - 600 001.

3. The Chief Mechanical Engineer Chennai Port Trust No.1, Rajaji Salai Chennai-600 001.

4. The Assistant Manager (Admn)

MEE Dept., Chennai Port Trust No.1, Rajaji Salai Chennai - 600 001.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to orders bearing No. CME/R2/419/2021/MEE dated 16.03.2023, 15.06.2023, 23.07.2024 issued by the 4^th respondent read with Order bearing No. CME/R2/419/2021/MEE dated 16.05.2023 issued by the 3^rd respondent, quash the same and consequently direct the 3^rd and 4^th respondent to disburse the monetary compensation of Rs.50 lakhs to the petitioner on account of death of her husband, Mr.P.Shankar, who lost his life due to COVID-19, while working with the 2^nd respondent, as per the 1^st respondent’s letter dated 28.04.2020 read with the 2^nd respondent’s Circulars dated 26.01.2021 and

08.12.2021 and pass orders.

For Petitioner: Ms.Anna Mathew For Respondents: Mr.AR.L.Sundaresan Additional Solicitor General of India for Mr.J.Madanagopal Rao Central Government Standing Counsel & Mr.S.Haja Mohideen Gisthi [R1 to R4]

ORDER

A rather unfortunate case where the respondent-Port Trust seeks to shirk its responsibility to compensate a family of their employee for his death due to COVID 19 Pandemic.

2. The facts which has constrained the grieving family to approach this Court is herein below set out :

(a) The petitioner's husband one Shankar was initially employed as Welder Grade-III in Chennai Port Trust in the year 1993, and was assigned an Employee Code:43946. He was promoted to the post of Welder HS Grade II with effect from 24.09.2012, and continued in the said post, till his demise. The petitioner's husband was due to retire on 31.05.2023. Unfortunately, the petitioner's husband was infected with COVID 19 virus and had developed fever, cold and cough. He immediately sought the medical attention of the Port Trust Hospital, and on their advise and reference, he had taken a CT scan at Aarthi Scan, Velacherry. The CT scan revealed a severity score of 14/25, thereby confirming COVID-19 infection. He was advised to be admitted in a hospital immediately. As beds were not available in the hospital nearer to his residence, he was admitted in Aakash Hospital, Thiruvottiyur, for further treatment on 17.05.2021 itself. Since the petitioner's husband health condition had deteriorated, he was advised to take CT scan once again, and accordingly, a CT scan was taken on 22.05.2021, which indicated CT severity score of 25/25 with 95% infection to his lungs. Ultimately, he had succumbed to death on 25.05.2021, due to COVID-19 infection, leaving behind the petitioner and her two daughters as his legal heirs.

(b)Considering the pandemic situation, the Government of India had declared it as “Notified Disaster” and had implemented several measures to provide monetary compensation to the families of frontline workers who died due to COVID-19. In tune with this object, the first respondent, Ministry of Shipping had issued a letter dated 28.04.2020, directing the Port Trust to grant ex-gratia payment in the event of loss on account of COVID-19.

(c)As per the above letter, a sum of Rs.50 lakhs was payable to the dependents or the legal heirs of all Port Trust employees including contract labourers employed directly by the Port Trust, as also other contract labourers, whose lives were lost due to COVID-19, while in line of service. It was made clear that this compe