Bombay High Court: While considering a writ petition under Article 226 of the Constitution, the Division Bench of Madhav J. Jamdar* and Pravin S. Patil, JJ., observed that the legal heirs of a Junior Clerk who died in harness due to Covid-19 were entitled to ex gratia compensation of Rs 50 lakhs under Government Resolutions issued by the State. The Court underscored that the case was squarely covered by the Government Resolution dated 29 May 2020 read with subsequent Resolutions and directed the State to extend the benefit without delay. Emphasising the principles laid down in Vijaya Yashwant Jadhav v. Block Development Officer, 2025 SCC OnLine Bom 6085, the Court held that even if the date stipulated in the later Government Resolution was exceeded, the entitlement could not be denied, as restricting relief to those who passed away before 30 June 2021 would be contrary to justice, fairness, dignity, and public conscience.
Background
The deceased was appointed as a Junior Clerk in 2011 and was serving at the Civil Court, Chiplun, District Ratnagiri until his death on 3 July 2021. He was on duty until 31 May 2021, thereafter on summer vacation from 1 June 2021 to 6 June 2021, and fell ill on 7 June 2021.
Medical investigations confirmed Covid-19 infection, and he was admitted to Noble Hospitals, Pune, where he succumbed on 3 July 2021. The petitioners argued that the deceased was entitled to benefits under the Government Resolutions, as he was on duty within 14 days prior to his hospitalisation and death.
However, the State contended that since the death occurred after 30 June 2021, the benefit was not available under the Government Resolution dated 25 April 2022.
Analysis and Decision
The Court emphasised that the benefits under the Government Resolution dated 29 May 2020 were firstly extended till 31 December 2020 by Government Resolution dated 14 October 2020 and thereafter up to 30 June 2021 by Government Resolution dated 25 April 2022. The Court highlighted that what the policy of the State Government requires is that benefit is to be given to the government employees and the employees covered by Government Resolutions who have passed away due to Covid-19 on or before 30 June 2021.
The Court observed that it is recorded that in spite of the outbreak of the Covid-19 Pandemic, various government employees including the District Administration, Police, Home Guard, Anganwadi Karmachari, etc., were performing their duties carrying risk to their lives. It was also noted that the policy further records that the Government has decided to support the families of government employees who lost their lives during the Covid-19 Pandemic.
The Court emphasised that the criterion adopted for giving benefit is that such employee should be admitted in the hospital within 14 days of doing his duty or his death should have taken place within 14 days of his being on duty. Thus, the criterion adopted is that such employee has passed away due to the Covid-19 Pandemic and he was doing his duty 14 days before his hospitalisation or death. The Court further observed that the cut-off date of 30 June 2021, which provides that benefit is to be given to the family of an employee who has passed away before that date, is clearly contrary to Clause (3)(b)(1) of Government Resolution dated 29 May 2020 which provides that such employee should have been on duty within the 14-day period preceding his/her hospitalisation or death.
The Court highlighted that it is very relevant to note that the criteria set out in Government Resolution dated 29 May 2020 are totally different from the criteria set out in Government Resolution dated 25 April 2022, as it is clear that the Government Resolution dated 29 May 2020 sets out the criteria and subsequent Government Resolutions extend the period of the same.
The Court noted that in the present case the deceased was performing his duty till 31 May 2021 and thereafter was admitted to the hospital on 14 June 2021 and detected with Covid-19 positive. Thus, his case is squarely covered by Government Resolution dated 29 May 2020 read with Government Resolutions dated 14 October 2020 and 25 April 2022. Apart from this, the Court observed that even Government Resolution dated 25 April 2022 provides that benefit should be given to the government employees and other persons as set out in such Government Resolution whose death took place on or before 30 June 2021, however the deceased admittedly passed away on 3 July 2021.
The Court referred to Vijaya Yashwant Jadhav (supra) wherein it was held that to deny or restrict the relief to those who passed away after 30 June 2021 would be contrary to the values of justice, fairness, and dignity which animate our constitutional order, and also contrary to public conscience and societal gratitude.
Accordingly, the Court held that the petitioners were entitled to the benefit. The Court thus quashed the impugned communication dated 26 October 2023 and directed the State to extend the benefit of Government Resolutions dated 29 May 2020, 14 October 2020, and 25 April 2022 to the petitioners and ordered payment of Rs 50 lakhs within six weeks.
[Sanika Santosh Shinde v. State of Maharashtra, Writ Petition No. 1063 of 2026, decided on 17-3-2026]
*Judgment authored by: Justice Madhav J. Jamdar
Advocates who appeared in this case:
For the Petitioners: Tejpal Ingale i/b Vrunali Vilankar
For the Respondents: T. J. Kapre, AGP