Court Directs Compensation for Late Rekha Mohite Despite Hospital Not Being Listed as Covid Treatment Center
In a landmark judgment, the Bombay High Court has ruled in favor of Sunil Shankar Mohite, directing compensation under the Pradhan Mantri Garib Kalyan Package (PMGKP) for the death of his wife, late Rekha Mohite, a health worker, due to Covid-19. Despite the Police Hospital Sangli not being listed as a Covid treatment center, the court found the rejection of the compensation claim invalid, emphasizing that the scheme does not mandate categorization of health centers for granting compensation.
The judgment, delivered by a Division Bench comprising Justices R.G. Avachat and Ajit B. Kadethankar at the Circuit Bench at Kolhapur, stated that the rejection of the claim by the Joint Director, Health Services Pune was erroneous. The court underscored that the scheme is designed to cover health workers who have been in direct contact with Covid-19 patients, irrespective of whether the hospital is officially recognized as a Covid treatment center.
Late Rekha Mohite served as a staff nurse at Police Hospital Sangli during the pandemic, where she contracted Covid-19 while providing preliminary treatment to suspected infected police personnel. Her tragic death on April 24, 2021, just days after diagnosis, prompted her husband to file for compensation under the PMGKP, which was initially denied.
The court pointed out that there is no stipulation in the scheme requiring hospitals to be requisitioned for Covid treatment to qualify for compensation. It held that the rejection based on such grounds is unjust, thus directing the authorities to process and grant compensation to the petitioner within sixteen weeks.
The ruling also referenced previous judgments that upheld the broad interpretation of compensation schemes for health workers during the pandemic, highlighting that the date of contracting Covid-19, not the date of death, is crucial for determining eligibility. The court reinforced the notion that frontline workers, irrespective of their official work location, deserve recognition and support for their contributions during the crisis.
This decision is seen as a significant step in ensuring justice and support for health workers who risked their lives during the pandemic. Legal experts believe the judgment will set a precedent for similar cases, reaffirming the commitment to uphold the welfare of frontline workers.
Bottom Line:
Health Workers - Claim for compensation under Pradhan Mantri Garib Kalyan Yojana cannot be rejected on the grounds that the hospital where the deceased health worker served was not listed as a Covid treatment center.
Statutory provision(s): Pradhan Mantri Garib Kalyan Package, Insurance Scheme for Health Workers Fighting Covid-19
