Court Rules Date of COVID-19 Infection, Not Date of Death, as Key for Insurance Benefits
In a landmark ruling, the Bombay High Court's Circuit Bench at Kolhapur has delivered a significant judgment in the case of "Ramesh Balu Patil v. State of Maharashtra," emphasizing the importance of the date of contracting COVID-19 over the date of death for insurance claims under the government scheme for frontline workers. The court ruled in favor of the petitioner, Ramesh Balu Patil, whose wife Sarita Ramesh Patil, a contractual employee, succumbed to the virus while performing COVID-19 related duties.
The court, comprising Justices M. S. Karnik and Ajit B. Kadethankar, underscored the compassionate intent behind the Government Resolution dated 29th May 2020, and its subsequent extension on 14th May 2021. The scheme was specifically crafted to extend support to families of state employees who lost their lives due to the pandemic while on duty. The court criticized procedural rigidity that denied relief to families like that of Sarita Patil, highlighting that the benevolent scheme should be interpreted generously to include all employees, regardless of the nature of their employment.
The petitioner's claim had been initially rejected by the State Government on grounds that the insurance scheme had expired by the time of Sarita's death on 4th July 2021. However, the court ruled that the relevant date for insurance coverage should be when the infection was contracted, not when the employee passed away. This interpretation aligns with the humanitarian objectives of the scheme, which aims to provide tangible relief and societal gratitude towards families of COVID warriors.
The judgment also emphasized the necessity of extending the scheme's benefits to contractual employees, stating that excluding them would undermine the scheme's purpose. The court ordered the state to provide the insurance benefits to the petitioner's family within eight weeks, setting aside the earlier rejection by the Additional Secretary of the Public Health Department.
This decision is expected to impact many similar cases, ensuring that the families of frontline workers receive the support they deserve without being hindered by technicalities.
Bottom Line:
Insurance cover/ex-gratia assistance scheme for State Government employees involved in COVID-19 duties - Date of contracting COVID-19 infection, not the date of death, is material for grant of insurance coverage under the scheme - Nature of service or employment of deceased employee immaterial to apply benefits of the scheme.
Statutory provision(s): Article 226 of the Constitution of India, Government Resolution dated 29th May 2020, Government Resolution dated 14th May 2021.
