Case Note & Summary
The High Court of Bombay heard a writ petition filed by the legal heirs of a deceased municipal employee seeking COVID-19 ex-gratia compensation. The employee died on 29/03/2021 while serving as force staff during the pandemic. The Municipal Council had submitted a compensation proposal with supporting documents, but processing was delayed partly due to the hospital's failure to upload information to the ICMR portal. The Court examined the Government Resolutions establishing the compensation scheme and procedures. After hearing submissions from the Assistant Government Pleader regarding verification timelines, the Court directed the respondents to complete scrutiny within 4 weeks, forward the proposal if approved within subsequent weeks, and communicate any rejection with reasons. The judgment emphasizes procedural compliance while ensuring the petitioners' claim receives proper consideration.
Headnote
The High Court of Judicature at Bombay, in its Civil Appellate Jurisdiction, heard a Writ Petition filed by the legal heirs of late Shri Unmesh Sharad Kulkarni, a Class IV employee of Manmad Municipal Council who died due to COVID-19 on 29/03/2021 while serving as force staff during the pandemic -- The petitioners sought directions under Article 226 of the Constitution of India to release ex-gratia compensation of Rs. 50,00,000/- as per Government Resolution dated 11/02/2022 -- The Municipal Council had submitted a proposal on 22/11/2021 with supporting documents including appointment orders, medical reports, and death certificate -- Respondent No. 6 hospital admitted failure to upload the employee's name on ICMR portal due to lack of training -- The Court noted the Government Resolution dated 04/08/2021 established procedures for COVID-19 compensation claims for municipal employees -- The Assistant Government Pleader submitted that the Collector would scrutinize the proposal within 4 weeks, forward it to respondent No. 7 within 2 weeks if found in order, and respondent No. 7 would communicate further action within 6 weeks -- The Court directed strict compliance with these timelines and required communication of rejection with reasons if the claim was not approved
Issue of Consideration
The Issue of Consideration was whether the petitioners, as legal heirs of a deceased municipal employee who died due to COVID-19 while on duty, were entitled to ex-gratia compensation of Rs. 50,00,000/- under Government Resolutions, and whether the respondents had complied with procedural requirements for processing the claim
Final Decision
The Court directed the respondents to complete scrutiny of the proposal within 4 weeks from the date of the order, forward it to respondent No. 7 within 2 weeks if found in order, and for respondent No. 7 to communicate further action within 6 weeks. If the claim is rejected, reasons must be communicated to the petitioners within 2 weeks of verification completion.
Law Points
- Article 226 of the Constitution of India
- Government Resolution dated 04/08/2021
- Government Resolution dated 11/02/2022
- Ex-gratia compensation for COVID-19 deaths
- Procedural compliance with administrative schemes
- Judicial review of administrative action
