Gujarat HC orders Rs 25L compensation for widow of covid warrior
According to the case details,
Ahmed Patel
was working as a weigh-man in a Pandit Deendayal
Grahak Bhandar
– a fair price shop in
Aachhod village
in Bharuch district. Patel was on emergency duty following the govt's directive during the pandemic and was engaged in the distribution of essential commodities on behalf of the state govt.
During this time, Patel contracted Covid-19, and he died on August 12, 2020. His widow, Tahera, applied for Rs 25 lakh financial assistance citing an April 24, 2020 govt resolution in which the state govt pledged financial assistance for those corona warriors who died while performing Covid duty.
The weigh-man in govt-recognised fair price shops was included in the list of corona warriors.
The widow's application was rejected by the govt on January 9, 2023. This led her to file a petition in the HC through advocates
Abid Pathan
and Sakib Patel. They argued that there was no dispute regarding death due to Covid-19. All the authorities concerned certified and verified it and recommended the payment of compensation.
However, the govt rejected the compensation claim on the grounds that the district supply officer had not supplied the list of the employees engaged in emergency services within the prescribed time limit.
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The state govt opposed the widow's petition and tried to justify its rejection because the Bharuch district authority had not sent the list of employees on Covid duty in fair price shops before November 20, 2020, which was beyond the time prescribed in the GR.
After the hearing, Justice
Aniruddha Mayee
said that the compensation claim was not rejected on merits, but due to the default on the part of the district supply officer in supplying the data within the prescribed time period. While quashing the govt's decision to reject the claim, the HC stated, 'The petitioner cannot be made to suffer for the default on the part of the respondent authorities. The said Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who expired while performing essential services during the Covid-19 pandemic on behalf of the
State Government
.'
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