Namrata Nilesh Koli And ANR v. Thane Municipal Corporation And ORS

31. WP 9031.23.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9031 OF 2023 Namrata Nilesh Koli and Anr.

... Petitioners V/s.

Thane Municipal Corporation and Ors.

... Respondents Mr. Pritesh Burad with Ms. Samita Vaviya and Mr. Shreyas Moharir i/b. M/s. Pritesh Burad Associates for the Petitioners Ms. Savita Suyryavanshi i/b. S.K. Legal for the Respondent No.1 Ms. Sayali Apte i/b. P.G. Lad for the Respondent No.4 CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 28 FEBRUARY 2024 P.C. :- Heard the learned Counsel for the parties.

2.

The Petitioners have filed this Petition claiming that being the daughter and mother of the deceased employee of the Respondent - Thane Municipal Corporation are entitled to the insurance compensation to be provided under the Pradhan Mantri Garib Kalyan Package : Insurance Scheme for Health Workers Fighting Covid-19. It is their case that the deceased who was

31. WP 9031.23.doc working with the Respondent - Thane Municipal Corporation passed away while in service on 29 October 2020. Under the scheme the compensation amount is sanctioned. The question has arisen as regard the claim of the Respondent No.6. 3.

There is no decision taken by the Disbursing Authority as to the inter se claim of the Petitioners and the Respondent No.6 and the Petitioners had called upon this Court at the first instance to decide the issue. Therefore, we deem it appropriate that the Respondent No.4 would examine the claim of the Petitioners and the Respondent No.6 and decide regarding the entitlement by passing a reasoned order.

4.

Since it is pointed out that the claim which is sanctioned has not disbursed for almost four years, the Respondent No.4 upon giving opportunity to the Petitioners and the Respondent No.6 will take a decision within a period of four weeks, after all record is made available to it and communicate the same to the Petitioners and the Respondent No.6. All contentions of the parties are kept open. 5.

The Writ Petition is disposed of.

M.M. SATHAYE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2024.03.02 10:46:29 +0530 JYOTI PRAKASH PAWAR