6 months ago
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The Kolhapur Bench of the Bombay High Court has directed the Maharashtra authorities to assistance an ex-gratia security payment of ₹50 lakh to the household of a Panchayat Samiti serviceman who died of COVID-19 successful July 2021, holding that procedural rigidity cannot override substantive justice.
A Division Bench of Justice M. S. Karnik and Justice Ajit B. Kadethankar allowed a petition filed by Vijaya Yashwant Jadhav, Sayali Yashwant Jadhav, Sahil Yashwant Jadhav, and Tulsabai Khandu Jadhav, ineligible heirs of Yashwant Khandu Jadhav, who served arsenic an Extension Officer with Karveer Panchayat Samiti, Kolhapur.
Represented by advocator K. D. Indapurkar, the petitioners sought directions to widen the payment of the Government Resolution (GR) dated April 25, 2022, which provides ₹50 lakh security screen to frontline workers who died owed to COVID-19, by relaxing the cut-off day of June 30, 2021.
According to the petition, Yashwant Jadhav contracted COVID-19 connected June 16, 2021, portion performing pandemic-related duties and was hospitalised until his decease connected July 11, 2021. The State had rejected the family’s assertion citing the GR’s cut-off date.
Advocate V. M. Mali, appearing for the State, argued, “The GR categorically provides that the payment of security screen is applicable lone to those employees who died having contracted COVID-19 till 30th June 2021. Some cut-off date has to be prescribed, and determination is nary infirmity successful prescribing the said cut-off date.”
Supporting the State’s stand, advocator Kedar P. Lad for the Zilla Parishad submitted that the connection was rightly returned arsenic the assertion fell extracurricular the GR’s ambit.
However, the Bench rejected this statement and observed, “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.”
The Bench recalled the sacrifices made by frontline workers during the pandemic, stating, “Amidst this planetary turmoil, a class of individuals roseate with bonzer courageousness and unwavering dedication—our frontline workers. Their relation was not conscionable a nonrecreational obligation; it was an enactment of selfless service.”
Emphasising the request for a “humanitarian lens”, the tribunal said, “This would beryllium successful tune with the law ethos that the State indispensable enactment with sensitivity towards those who person suffered and indispensable not let procedural rigidity to eclipse substantive justice.”
Noting that Yashwant Jadhav had contracted COVID earlier June 30 and was hospitalised until his death, the tribunal held, “The cut-off day cannot beryllium regarded arsenic sacrosanct. This is simply a acceptable lawsuit wherever the payment of GR dated 25th April 2022 ought to person been extended to the Petitioners.”
The Bench directed the State to merchandise the security magnitude wrong 4 weeks, “Denying alleviation would beryllium to bash a disservice to the sacrifice made by the deceased successful his combat against COVID-19.”
