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The Kolhapur Bench of the Bombay High Court connected Tuesday (December 23, 2025) directed the Maharashtra authorities to assistance the ₹50 lakh ex gratia security payment to the household of a contractual information introduction relation who died of COVID-19 aft serving connected pandemic duty, ruling that the day of contracting the infection—not the day of death—should find eligibility nether the scheme.
A Division Bench of Justices M.S. Karnik and Ajit B. Kadethankar quashed a May 24, 2022 order of the Public Health Department rejecting the assertion of petitioner Ramesh Balu Patil, whose woman Sarita Patil died connected July 4, 2021. The State had denied the payment connected the crushed that the strategy was operational lone till June 30, 2021.
Petitioner’s counsel N.B. Khaire argued that Sarita Patil contracted COVID-19 portion discharging authoritative duties astatine a Primary Health Centre nether the National Rural Health Mission, “It is not successful quality that precocious Sarita Ramesh Patil was successful the work of State Government and was discharging duties concerning Covid patients erstwhile she suffered Covid infection. Although she expired aft 30th June 2021, she was infected anterior to that date. The strategy is benevolent and should not beryllium applied with method rigidity.”
Opposing the plea, Assistant Government Pleader (AGP) Tejas J. Kapre contended, “The security screen and ex gratia assistance was a strategy introduced and made operational for a circumstantial play only. Confining the strategy to that play is simply a argumentation determination of the State Government. The authorization acrophobic was justified successful discarding the petitioner’s claim.”
Rejecting the State’s stand, the Bench observed, “It is not the day of death, but the day of contracting Covid-19 corruption which is worldly for assistance of security sum nether the Government Resolution dated 29th May 2020 work with Government Resolution dated 14th May 2021.”
On the State’s statement that contractual employees were excluded, the judges said, “Agony and pains of household members of a Covid combatant are the same, irrespective of the quality of employment. Discarding a assertion connected the crushed that the deceased worker was simply an outsourced contractual worker would decision the precise intent of the scheme.”
The tribunal invoked law principles of fairness and societal gratitude, “To contradict oregon restrict the alleviation to those who passed distant aft 30th June 2021 would beryllium contrary to the values of justice, fairness, and dignity which animate our law order, and besides contrary to nationalist conscience and societal gratitude.”
It further stressed the motivation imperative down the scheme, “The hardships faced by these workers and their families during the pandemic were immense and merit designation beyond specified symbolic gestures. Monetary benefits granted done a generous mentation of the GR supply tangible alleviation to these families.”
The judges added, “Nature of service of a Covid combatant who dies portion connected work owed to Covid corruption is immaterial to use the benefits of security strategy to the household members of such employee. The State indispensable enactment with sensitivity towards those who person suffered and indispensable not let procedural rigidity to eclipse substantive justice.”
The tribunal directed the State and the Health Department to process and merchandise the payment wrong 8 weeks, with assistance from the District Health Officer, Kolhapur.
