Sumita Nandkumar Sagar v. The State Of Maharashtra Through Tis Secretary And Others

2024:BHC-AUG:13089-DB 46-WP-6421-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6421 OF 2024 SUMITA NANDKUMAR SAGAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH TIS SECRETARY AND OTHERS ....

Mr. Suvidh S. Kulkarni, Advocate for Petitioner Mr. B. M. Dhanure, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 01.07.2024 PER COURT :- 1.

The Petitioner is the widow of an Assistant Teacher, who claims that her husband has died due to Covid and is entitled for an ex-gratia payment of Rs.50,00,000/- (Rupees Fifty Lakhs) by virtue of the Government Resolution, dated 29.05.2020. 2.

We have considered the submissions of the learned Advocate for the Petitioner, for quite some time. We have gone through the Government Resolution dated 29.05.2020, which indicates that a person should be deployed on Covid duty as a

(( 2 )) 46-WP-6421-2024 Covid warrior. He should be performing active duty for at least 14 days prior to the cause of death.

3.

The Petitioner relies upon a certificate issued by the Tahsildar, dated 02.01.2023, to suggest that the Petitioner was working on the fo/kkulHkk ;knh Hkkx dzekad 188 ps ernku dsanzLrjh; vf/kdkjh] The Headmaster has issued a certificate (undated), stating that the deceased was an employee of the Zilla Parishad Prashala from 29.05.2018 and he passed away due to Covid, on 23.10.2020. However, the truth is that the muster roll for the month of October2020, produced by the Petitioner, clearly indicates a specific remark that he was allotted some work on the condition, "work from home". 4.

The Government of Maharashtra, Finance Department, has set out in the Government Resolution dated 29.05.2020, that besides health care staff, a lot of other staff members like, District Administration, Police, Home Guards, Anganwadi Workers, Finance and Treasury, Food and Civil Supply, Water Supply and Sanitation and employees of various departments, were deputed for house to house survey of Covid patients. They were in active/live duty while combating Covid-19 pandemic. To stand by their families in the event

(( 3 )) 46-WP-6421-2024 of any unfortunate loss of life, the State Government introduced a personal accident cover for Rs.50,00,000/- only, for the employees who were on active/live duty relating to survey, tracing, tracking, testing, prevention, treatment and other relief activities in the Covid pandemic. There is no provision for persons who were performing the work of preparing the Vidhan sabha Electoral list (as like the deceased) and more so, when the Petitioner was "working from home" in the month of October. Apparently, the deceased had got the infection while working from home.

5.

In view of the above, we do not find any error committed by the authorities in refusing the claim of the Petitioner, vide order dated 12.01.2024.

6.

This Writ Petition is, therefore, dismissed.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS