Ameya Hansraj Bhaisare v. State Of Maha. Thr. Its Secretary, Mantralaya, Mumbai And Others

61-WP-2195-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 2195 OF 2024 Ameya Hansraj Bhaisare vs State of Maharashtra, through its Secretary and others. ----------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ----------------------------------------------------------------------------------------- Ms Surabhi Godbole, Advocate h/f Prakash Naidu, Advocate for petitioner. Mr. N. S. Rao, Assistant Government Pleader for respondent nos. 1, 2 and 3. Mr. Sameer Sohoni, Advocate for respondent no.5. CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 2nd DECEMBER, 2024 P. C.

Heard.

2.

On 21.09.2020 the mother of the petitioner died of Covid infection while she was in the employment of the respondent nos. 4, 5 and 6.

3.

The respondent no.3 has assigned duty to the mother of the petitioner, deceased-Surekha, vide order dated 24.05.2020 with effect from 26.05.2020 to serve at the Isolation Centers. 4.

The petitioner, in this background, being legal heir of deceased-Surekha, has sought the benefit of the Scheme for compensation/insurance cover as reflected in the Government Resolution dated 29.05.2020.

5.

The respondent nos. 4, 5 and 6-employer have chosen to file reply on record and have sought to claim that the certificate issued by the Medical Officer on 28.09.2020, who was In-charge of Primary Health Center, Khadsangi, certifying that the mother of the petitioner was on Covid duty is a doubtful document.

61-WP-2195-2024.odt 2 6.

Be that as it may, under the Government Resolution it was the duty of the respondent nos. 1, 2 and 3 to assist the case of the petitioner and award compensation.

7.

This Court has time and again granted adjournment to the respondent nos. 1, 2 and 3 to file reply in the matter. On 19.07.2024 though last chance was granted, again adjournment was sought on 02.08.2024 and on 23.08.2024, however the said respondents have chosen not to file reply.

8.

An adjournment is again sought by the learned Assistant Government Pleader. In this background, we saddle costs of Rs.10,000/- (Rs. Ten thousand) to be paid by respondent nos. 2 and 3 to the High Court Legal Services Sub-Committee, Nagpur, within a period of two weeks from today and acknowledgment to that effect be produced on record.

9.

In case, if the acknowledgment is produced, affidavit, if any, placed on record by the respondent nos. 2 and 3 be accepted. 10.

Stand over to 03.01.2025 for further consideration. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 03/12/2024 16:35:02