Case Note & Summary
The petitioners, being the wife, son, and mother of the deceased Yashwant Khandu Jadhav, filed a writ petition seeking direction to the respondents to grant the benefit of Government Resolutions dated 29.5.2021 and 25.4.2022, which provide an ex-gratia benefit of Rs.50 lakhs to the families of government servants who died due to COVID-19 while on duty. The deceased was an Extension Officer with the Panchayat Samittee, Karveer, and contracted COVID-19 on 16th June 2021 while discharging his duties. He was hospitalized and succumbed to the virus on 11th July 2021. The Government Resolutions stipulated that the benefit would be available for deaths occurring up to 30.6.2021. The petitioners argued that since the deceased contracted the disease before the cut-off date and was continuously in hospital until his death, the cut-off date should be extended as an exceptional case. The respondents opposed the petition, contending that the death occurred after the cut-off date and that the resolutions were clear. The court, after hearing the parties, observed that the deceased contracted COVID-19 while on duty before the cut-off date and was undergoing treatment until his death. The court held that this was a fit case for exceptional treatment and directed the respondents to extend the benefit of the Government Resolutions to the petitioners by extending the cut-off date to 11.7.2021. The petition was allowed in those terms.
Headnote
A) Government Service - Ex-gratia Benefit - COVID-19 Death - Extension of Cut-off Date - The petitioners, heirs of a deceased Extension Officer who contracted COVID-19 on 16.6.2021 while on duty and died on 11.7.2021, sought extension of the cut-off date of 30.6.2021 under Government Resolutions dated 29.5.2021 and 25.4.2022 for ex-gratia benefit of Rs.50 lakhs - The court held that since the employee contracted COVID-19 while on duty before the cut-off date and was continuously hospitalized until death, the case deserves exceptional treatment - Directed respondents to grant the benefit by extending the date to 11.7.2021 (Paras 1-6).
Issue of Consideration
Whether the petitioners are entitled to the benefit of Government Resolutions dated 29.5.2021 and 25.4.2022 granting ex-gratia benefit of Rs.50 lakhs to the family of a government servant who died of COVID-19, even though the death occurred after the cut-off date of 30.6.2021, given that the employee contracted COVID-19 while on duty before that date.
Final Decision
The petition is allowed. The respondents are directed to grant the benefit of Government Resolutions dated 29.5.2021 and 25.4.2022 to the petitioners by extending the date of 30.6.2021 till 11.7.2021 as an exceptional case.
Law Points
- Government Resolution
- Ex-gratia benefit
- COVID-19
- Extension of date
- Exceptional case
- Insurance cover
Case Details
2025 LawText (BOM) (12) 242
Writ Petition No. 17617 of 2024
M. S. Karnik, Ajit B. Kadethankar
Mr. K. D. Indapurkar i/b Vaibhav Gaikwad and Mr. Uday Nigot for the Petitioners; Mr. V. M. Mali, AGP for the Respondent-State; Mr. Kedar P. Lad for the Respondent Nos. 1 and 2
Vijaya Yashwant Jadhav, Sayali Yashwant Jadhav, Sahil Yashwant Jadhav, Tulsabai Khandu Jadhav
Block Development Officer, Karveer Panchayat Samittee; Chief Executive Officer, Zilla Parishad, Kolhapur; Divisional Commissioner, Pune Division, Pune; State of Maharashtra through Additional Chief Secretary, Rural Development Department; State of Maharashtra through Additional Chief Secretary, Finance Department
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Nature of Litigation
Writ petition seeking direction to grant ex-gratia benefit under Government Resolutions for death due to COVID-19.
Remedy Sought
Petitioners sought direction to respondents to grant benefit of Government Resolutions dated 29.5.2021 and 25.4.2022 giving insurance cover/ex-gratia benefit of Rs.50 lakhs by extending the date of 30.6.2021 till 11.7.2021 as an exceptional case for death of Yashwant Khandu Jadhav.
Filing Reason
The deceased government servant contracted COVID-19 on 16.6.2021 while on duty and died on 11.7.2021; the cut-off date for benefit under Government Resolutions was 30.6.2021, and the petitioners sought extension.
Issues
Whether the petitioners are entitled to ex-gratia benefit under Government Resolutions dated 29.5.2021 and 25.4.2022 when the death occurred after the cut-off date of 30.6.2021, given that the employee contracted COVID-19 before that date and was continuously hospitalized.
Submissions/Arguments
Petitioners argued that the deceased contracted COVID-19 while on duty before the cut-off date and was in hospital till death, thus the cut-off date should be extended as an exceptional case.
Respondents opposed, stating that the death occurred after the cut-off date and the resolutions were clear.
Ratio Decidendi
The court held that since the deceased contracted COVID-19 while on duty before the cut-off date and was continuously hospitalized until death, the case deserves exceptional treatment, and the cut-off date should be extended to grant the ex-gratia benefit.
Judgment Excerpts
The Petitioners, by this petition, seek relief in terms of prayer clause (b)...
Brief facts of the petition are that Petitioners are the heirs and legal representatives of one Yashwant Khandu Jadhav...
On 16th June 2021, Yashwant Jadhav contracted COVID-19 while discharging duty as a government servant.
He succumbed to COVID-19 on 11th July 2021, while he was undergoing treatment in the hospital.
Procedural History
The petitioners filed Writ Petition No. 17617 of 2024 before the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, seeking direction to grant ex-gratia benefit. The petition was heard on 10th December 2025 and allowed.
