Madhya Pradesh High Court Rules in Favor of Corona Warrior's Family for Compensation

Court overrules state rejection of compensation for deceased government employee engaged in Covid-19 duties

In a landmark judgment, the Madhya Pradesh High Court has ruled in favor of Anju Murti Upadhyay, the petitioner, granting her entitlement to compensation under the Mukhyamantri Covid-19 Yoddha Kalyan Yojana. The court's decision comes after the state authorities initially denied the compensation claim on the grounds that her late husband, Rajeev Upadhyay, did not qualify as a frontline health worker.

Rajeev Upadhyay, a government employee, was tasked with arranging buses and ambulances for migrant laborers during the Covid-19 pandemic. Tragically, he suffered a cardiac arrest while performing his duties, leading to his untimely demise. Despite his critical role in facilitating transportation during the crisis, the state rejected the compensation claim, arguing that he was not a frontline health worker under Clause 4 of the scheme.

Justice Vishal Mishra presided over the case, emphasizing that the scheme does not mandate a positive Covid-19 test report for eligibility. The key criterion is that the employee was assigned Covid-19 related duties and passed away while performing such duties. The court observed that Rajeev Upadhyay’s duties, although not directly in healthcare, were integral to the Covid-19 response efforts, thus qualifying him as a Covid warrior.

The judgment highlighted the illegality of the state’s decision to reject the claim, stating it was contrary to the provisions of the scheme. Justice Mishra underscored the scheme's intended coverage, which includes employees who die while performing Covid-19 related duties, regardless of their status as frontline health workers.

The court ordered the state authorities to release the compensation to Anju Murti Upadhyay within 90 days, marking a significant victory for families of employees who succumbed to the pressures of Covid-19 duties.

This judgment sets a precedent for interpreting compensation schemes broadly to include all employees engaged in Covid-19 duties, ensuring justice for those who served the nation during one of its most challenging times.

Bottom Line:

Mukhyamantri Covid-19 Yoddha Kalyan Yojana - Benefit of compensation under the scheme cannot be denied on the ground that the deceased employee was not a frontline health worker, if the employee was assigned Covid-19 related duties and passed away while performing such duties. 

Statutory provision(s): Constitution of India, Article 226, Mukhyamantri Covid-19 Yoddha Kalyan Yojana

Anju Murti Upadhyay v. State of M.P., (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2785805