Case Note & Summary
The petitioner, Kanchan w/o Sunilappa Hamshette, filed a writ petition before the Bombay High Court at Aurangabad seeking ex-gratia compensation of Rs. 50 lakhs from the State of Maharashtra for the death of her husband, Sunilappa Hamshette, who worked as a Hand Pump Helper. She claimed that her husband was deployed during the Covid-19 pandemic, performed essential services, and should be considered a Covid Warrior. Her husband died on 29.04.2021 due to Covid-19 infection. The petitioner challenged the communication dated 06.11.2023 issued by respondent No. 2 (Secretary, Rural Development Department) rejecting the proposal for ex-gratia compensation. The court examined the grounds raised in the petition, including that the husband was on duty before 14 days of infection and died during the course of employment. However, the court found that the petitioner failed to establish a direct causal link between the husband's duty and the Covid-19 infection. The medical report did not specify that the infection was contracted due to work. The court noted that the Government Resolutions for ex-gratia compensation to Covid Warriors require proof that the death was directly attributable to Covid-19 duty. Since the petitioner could not provide such evidence, the court dismissed the petition, upholding the rejection of the compensation proposal. The court held that mere deployment during the pandemic does not automatically entitle compensation.
Headnote
A) Service Law - Ex-Gratia Compensation - Covid-19 Death - Entitlement - The petitioner sought ex-gratia compensation of Rs. 50 lakhs for the death of her husband, a Hand Pump Helper, who died due to Covid-19 on 29.04.2021. The court held that mere deployment during the pandemic does not automatically entitle compensation; there must be a direct causal link between the duty and the infection. The Government Resolutions for Covid Warriors require proof that the death was directly attributable to Covid-19 duty. (Paras 1-5) B) Evidence - Burden of Proof - Causal Link - The petitioner failed to establish that her husband contracted Covid-19 due to his work as a Hand Pump Helper. The medical report did not specify the source of infection. The court held that the burden lies on the claimant to show a nexus between the duty and the infection. (Paras 3-5) C) Government Policy - Interpretation - Covid Warriors - The Government Resolutions providing ex-gratia compensation are meant for frontline workers directly involved in Covid-19 management. A Hand Pump Helper, though providing essential water supply, is not a Covid Warrior unless specifically notified. The court upheld the rejection of the proposal by the respondent. (Paras 4-5)
Issue of Consideration
Whether the petitioner-widow is entitled to ex-gratia compensation of Rs. 50 lakhs for the death of her husband, a Hand Pump Helper, who died due to Covid-19, on the ground that he was a Covid Warrior deployed in essential services.
Final Decision
The petition is dismissed. The impugned communication dated 06.11.2023 is upheld. No order as to costs.
Law Points
- Ex-gratia compensation
- Covid-19 death
- essential services
- causal link
- burden of proof
- Government Resolution interpretation
