SANIKA SANTOSH SHINDE AND OTHERS vs THE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-KOL:1977-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1063 OF 2026
Smt. Sanika Santosh Shinde and Others. ...Petitioners.
Versus
The State of Maharashtra and Others. ...Respondents.
——————
Mr. Tejpal Ingale i/b Ms. Vrunali Vilankar for the Petitioners.
Ms. T. J. Kapre, AGP for the Respondent-State.
——————
Coram : Madhav J. Jamdar &
Pravin S. Patil, JJ.
Date : March 17, 2026.
Oral Judgment [Per Madhav J. Jamdar, J.]:
1. At the outset, Mr. Ingale, learned Counsel appearing for the
Petitioner seeks leave to amend the petition to add prayer clause.
Leave as sought for is granted. Amendment be carried out forthwith.
Re-veriication is dispensed with.
2. Heard Mr. Ingale, learned Counsel appearing for the Petitioner
and Ms. Kapre, learned AGP for the Respondent-State.
3. Petitioners, who are the legal heirs and representatives of one
Santosh Vishnu Shinde, have iled the present petition inter alia for the
following reliefs :
“b) On perusal of the same, this Hon'ble Court by an
appropriate Writ, Order and or Direction be pleased to direct the
Respondent No. 1 to 3 to grant the beneit of Ex-gratia / Insurance
Cover cum Compensation under Government Resolution dated
29.05.2020 passed by the Respondent No.2 and the Government
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Resolution dated 25.04.2022 giving beneit of Insurance Cover/ Ex-
gratia. beneit of Rs.50,00,000/- to the Petitioners herein the Legal
Representatives of deceased Santosh Vishnu Shinde who died on
03.07.2021 having contracted Covid -19 while discharging oicial
duties.
bb) By issuing Appropriate Writ, Order or Direction in the
nature of Article 226 of the Constitution of India, the impugned
Order/Communication dated 26.10.2023 passed by Respondent
No.3 Executive Oicer, Law and Justice Department, Government
of Maharashtra, Mumbai be quashed and set aside and the
Representation/Application dated 08.04.2022 by Petitioners be
kindly granted.”
4. It is the submission of Mr. Ingale, learned Counsel appearing for
the Petitioners that the Petitioners are entitled for the beneit as
th
provided by Government Resolution dated 29 May 2020 and as
th th
continued by Government Resolution dated 14 October 2020 and 25
April 2022. He submits that deceased Santosh Vishnu Shinde was
working as a junior clerk in the Court of Civil Judge, Chiplun, District
st
Ratnagiri. He submits that deceased Santosh was on duty till 31 May
st th
2021 and thereafter from 1 June 2021 to 6 June 2021 deceased
Santosh was on summer vacation as granted by the competent authority
of Civil Court, Chipulun and during this period, Santosh fell ill. Initially he
underwent treatment of Dr. V. V. Joglekar, the local doctor at Chiplun
th
and thereafter on 14 June 2021, Santosh was shifted to B.K.
Walavalkar Rural Medical College, Kasarwadi at Post Savarde Taluka
Chiplun District Ratnagiri where he was detected as covid positive and
th
therefore on 15 June 2021, Santosh was admitted to Noble Hospitals,
Hadpasar, Pune for further treatment and he succumbed to covid-19
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infection on 3 July 2021. He submits that the Petitioners, who are the
legal heirs and representatives of deceased Santosh Vishnu Shinde are
entitled for the beneit of above Government Resolutions. To support
the case of the Petitioners, learned Counsel appearing for the Petitioner
relies upon the decision of this Court in Vijaya Yashwant Jadhav v.
1
Block Development Oicer . Learned counsel therefore submits that
reliefs sought in the petition be granted.
5. On the other hand, learned AGP submitted that as Santosh
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expired on 3 July 2021 and the Government Resolution dated 25 April
2022 provides that beneit of insurance cover is to be given to the
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government employees whose death took place on or before 30 June
2021, therefore, the said beneit is not available to the Petitioners.
6. Before considering the rival submissions, it is necessary to set out
certain factual aspects :
(i) Deceased Santosh Shinde, the husband of Petitioner No.1, father
of Petitioner Nos.2 and 3 and the son of Petitioner Nos. 4 and 5, was
th
appointed as Junior Clerk on 19 May 2011 in the Metropolitan
Magistrate Court, Mazgaon, Mumbai and in the year 2015 he was
transferred to the Civil Court, Chiplun, District Ratnagiri where he was
rd
working till his death, i.e., upto 3 July 2021.
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(ii) Deceased Santosh Shinde was on duty during the period 24 May
th
1
WP No. 17617 of 2024 (Kolhapur Circuit Bench) decided on 10 December 2025.
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2021 to 31 May 2021 and thereafter he was having summer vacation
st th th
from 1 June 2021 to 6 June 2021. On 7 June 2021, Santosh was not
feeling well and therefore started taking treatment of Dr. V. V. Joglekar,
the local doctor at Chipulun, district Ratnagiri. Medical investigation of
Santosh was carried out during the said period. The radiology report
th
dated 10 June 2021 records as under :
“CT THORAX (PLAIN STUDY)
FINDINGS:
Ground glass opacities in both lungs with septal thickening.
No e/o honeycombing in bilateral lung ields.
No evidence of pleural collection/thickening bilaterally.
Visualised bones appear normal.
IMPRESSION
F/S/O CHANGES OF ATYPICAL PNEUMONIA, POSSIBLY SARS
COV 2 ETIOLOGY.
CT SCORE 11/25
CORADS 5
RT PCR CORRELATION IS ADVISED.”
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(iii) Santosh’s SARS CoV2 RNA PCR test was performed on 14 June
2021 at B. K. L. Walawalkar Rural Medical College Laboratory. In the
report of said test, it was indicated that he was covid-19 positive.
Thereafter he was shifted to Noble Hospitals, Hadapsar, Pune for
rd
further treatment and he was admitted in the said hospital till 3 July
2021 when he succumbed to covid-19.
(iv) The provisional diagnosis as well as inal diagnosis indicate that
Santosh was infected with covid-19 pneumonia. At the time of
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admission, i.e., on 14 June 2021, the SPO2 level of Santosh was 70%.
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(v) Santosh passed away on 3 July 2021.
7. The above factual position shows that deceased Santosh has
st th
worked in the Civil Court at Chiplun till 31 May 2021 and he fell ill on 7
th
June 2021and detected to be covid-19 positive on 14 June 2021 and
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ultimately passed away on 3 July 2021 due to covid-19 pneumonia
8. In view of the above, it is necessary to set out the relevant
Government Resolutions. Relevant portion of Government Resolution
th
dated 29 May 2020 reads thus :
" संदभ : . २८ . ०३ . २०२० .
कंरशासना्याआरो्यवकुटुंबक्याणमंरालयाचेआदेशिद
-
शासनिनण य
कोरोना्यासाव िरकसाथीम्येसव%षण , शोध , मागकाढणे , रि,बंध , चाचणी , उपचारवमद,

काय यांचेशीसंबंिध, क,्यबजािव, अस,ानाशासना्यािविवधिवभागा,ीलिविवधरवगा,ील
कम चारीयांचाकोरोनािवषाणूशीजवळूनसंबंधये, आहे . अशाकम चा - यांचीकाळजीघे्यासाठी

शासनकिटब्दअसूनयाअसुरिष, पिरि;थ,ी, ्यां्यामागेठामपणेउभेराह्याचाशासनाचा
िनधा रआहे .
. . . .
२ कंरशासना्याआरो्यवकुटुंबक्याणमंरालयाने्यां्यािद २८ ३ २०२०्या
आदेशानुसारयासंबंधीआरो्यकम चारीयांचेसाठीिवमाकवचयोजनालागूकेलीआहे .
. , - ( , ,
३ ,थािप आरो्यसेवासंबंिध, कम चा यां्यि,िरतअ्यकम चारी िज्हारशासन पोलीस
होमगाड , आगणवाडीकम चारी , लेखावकोषागारे , अनवनागरीपुरवठा , पाणीपुरवठाव;व्छ,ा ,
)
घरोघरीसव%षणासाठीनेमलेलेअ्यिवभागाचेकम चारीइ्यादी मोयारमाणा, कोि्हड
संबंिध, क, ्येपारपाडी, आहे, . कोि्हड - १९्यासाव िरकसाथीशीलढादेणासाठीसरीय
राहूनक, ्यबजावणा - याअशाकम चा - यांनापाठबळदे्या्याृटीकोना,ूनवअशाकम चा - यांचा

दुदLवानेमृ्यूझा्यास्यांचेकुटुिबया्यापाठीशीउभेराह्यासाठीशासनानेखालीलरमाणे
िनण यघे,लेआहे, .
अ ) िरकसाथी्याअनुषंगानेसव%षण , शोध , मागकाढणे , रि,बंध ,
कोि्हडिवषाणू्यासाव
चाचणी , उपचारवमद, काय याकायवाहीशीसंबंिध, क,्यावरकायर, सव कमचा - यांनाू .
.
५०लषरकमेचेसवQकषवैयितकअपघा, िवमाकवचपुरिव्या, येईल याबाब,चीकाय प्द,ी
िवमाकंप्यांशीिवचारिविनमयकूनअंि,मकर्या, ये, आहे .
)
ब सदरिवमापॅकेजअंि,महोऊनकाया ि्व, होईपयQ, अं,िरमउपाययोजना्हणूनकोि्हड
िवषयकक, ्यावरील ( सव%षण , शोध , मागकाढणे , रि,बंध , चाचणी , उपचार , मद, काय इ्यादी )
- .
कम चा यां्यामृ्यू्यासव रकरणीू ५०लषरकमेचेसानुरहसहा्यखालीलअटं्या
अधीनरदानकर्या, येईल .
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( १ ) सदरकम चारी्या्याइि;प,ळा, दाखलहो्या्याअथवामृ्यू्यािदनांकापूव[ १४
.
िदवसां्याकाळा, क, ्यावरहजरअसलापािहजे हीबाबिज्हािधकारीअथवाअ्य
कोण,ाहीपदिनद%िश, िवभागरमुखइ्यादीयांचेकडूनस्यािप, रमािण, कर्या,
.
येईल
( २ ) सदरमृ्यूकोि्हड - १९शीसंबंिध, अस्याबाब,चेवैयकीयरमाणन , शासकीय /
/ , . . . /
पािलका महानगरपािलका आय सी एम आरनंदणीकृ, खाजगीइि;प,ळ रयोगशाळा
यांचेकडूनरातअहवाला्याआधारेकर्या, येईल .
( ) " / / / /
३ कम चारी यांम्येसव कंराटी बायरो,ांवारेघे,लेले रोजंदारी ,दथ मानसेवी
कम चा - यांचासमावेशअसेल .
( ४ ) र;,ु, खचा साठीअथसंक्पीयलेखाशीष संबंिध,
मंरालयीनिवभागांकडूनसुिच,
कर्या, येईल
( ५ ) यायोजनेसारखीचसानुरहसहा्याचीयोजनासव ;थािनक;वरा्यसं;थावरा्य
शासकीयसाव जिनकउपरमयांचेकडूनराबिव्या, येईल .
क ) वरील " अ " व " ब " येथील,र,ुदी , कंरशासना्यासंदभा धीन२८ . ३ . २०२०्या
- -
आदेशा,ीलयोजनालागूअसणा याकम चा यांनावशासना्यायोजने, सुधारणाहोऊन्या
रकार्याकोण्याहीकम चा - यां्यासमावेशहोईल , अशाकम चा - यांनालागूहोणारनाही, .
. . , , .”
४ सदरआदेशिद ३० स्टंबर २०२०पयQ, लागूराह,ील
th
9. The beneits under the said Government Resolution dated 29
st
May 2029 were irstly extended till 31 December 2020 by Government
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Resolution dated 14 October 2020 and thereafter upto 30 June 2021
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by Government Resolution dated dated 25 April 2022. Clause (5) of
th
Government Resolution dated 25 April 2022 is relevant for our
purpose, which reads thus :
“5.
कोरोनािवषयककामकाजा्याक, ्यावरअस,ानाकोरोनाया
संसग ज्यआजारामुळेिदनांक 30 जून 2021 पयQ, िनधनझाले्या अिधकारी /
.”
कम चारी यांचेर;,ाव रामिवकासिवभागाकडे पाठिव्या, यावे
10. Thus, it is clear that what the policy of State Government requires
is that beneit is to be given to the government employees and the
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employees covered by said Government Resolutions who have passed
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away due to covid-19 on or before 30 June 2021. In this context, it is
required to be noted that the purpose for which this policy was brought
into force, which can be discerned from Clause (3) of Government
th
Resolution dated 29 May 2020. It is recorded that in spite of outbreak
of covid-19 pandemic, various government employees including the
District Administration, Police, Homeguard, Anganwadi Karmachari, etc.,
were performing their duties carrying risk to their lives. The said policy
further records that Government has decided to support the families of
government employees who lost their lives during the covid-19
pandemic.
11. The criterion adopted for giving beneit is that such employee
should be admitted in the hospital within 14 days of doing his duty or
his death should have taken place within 14 days on his being on duty,
Thus, the criterion adopted is that such employee has passed away due
to covid-19 pandmic and he was doing his duty 14 days before his
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hospitalisation or death. Thus, the cut-of date of 30 June 2021 which
provides that beneit is to be given to the family of employee who has
passed away before that date is clearly contrary to Clause (3)(b)(1) of
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Government Resolution dated 29 May 2020 which provides that such
employee should have been on duty within the 14 days period
preceding his / her hospitalisation or death. It is very relevant to note
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that the criteria which is set out in Government Resolution dated 29
May 2020 is totally diferent than the the criteria which is set out in
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Government Resolution dated 25 April 2022. It is very clear that the
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Government Resolution dated 29 May 2020 sets out the criteria and
subsequent Government Resolutions extend the period of the same.
12. In this particular case, admittedly, deceased Santosh was
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performing his duty till 31 May 2021. He was admitted in the hospital
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on 14 June 2021 and detected with covid-19 positive. Thus, his case is
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squarely covered by Government Resolution dated 29 May 2020 read
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with Government Resolutions dated 14 October 2020 and 25 April
2022.
13. Apart from this aspect, it is relevant to note that even
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Government Resolution dated 25 April 2022 provides that beneit
should be given to the government employees and other persons as set
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out in such GR whose death took place on or before 30 June 2021.
rd
Deceased Santosh has admittedly passed away on 3 July 2021. In view
of this, it is relevant to note the observations of the Division Bench of
this Court in Vijaya Yashwant Jadhav (supra) wherein in paragraph 14
and 18 this Court has observed thus :
“14. To deny or restrict the relief to those who passed away after
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30 June 2021 would be contrary to the values of justice, fairness, and
dignity which animate our constitutional order, and also contrary to
public conscience and societal gratitude. The hardships faced by these
workers and their families during the pandemic were immense and
deserve recognition beyond mere symbolic gestures. Monetary beneﬁts
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granted through a generous interpretation of the GR provide tangible
relief to these families. Such an approach also sends a powerful
message of societal value placed on self-sacriﬁce and inspires future
generations to act with similar courage when called upon in the wake of
testing times.
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18. No doubt, GR dated 25 April 2022, if read literally, applies to those
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employees who died on or before 30 June 2021. However, in the
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present case, even before 30 June 2021, Yashwant was admitted in
hospital having contracted COVID-19. The hospitalisation of Yashwant
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continued and in fact his health condition deteriorated since 28 June
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2021 and unfortunately he passed away on 11 July 2021. In such
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circumstances the cut-oﬀ date i.e. 30 June 2021, as set out in the GR
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dated 25 April 2022 cannot be regarded as sacrosanct. This is a ﬁt
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case where the beneﬁt of GR dated 25 April 2022 ought to have been
extended to the Petitioners.“
The above observations are squarely applicable to the present case.
14. Accordingly, writ petition is allowed by passing following order :
- O R D E R -
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(a) Impugned communication dated 26 October
2023 issued by the Respondent No.3 is hereby
quashed and set aside.
(b) Respondent Nos.1 to 3 are directed to extend
to the Petitioners the beneit of Government
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Resolution dated 29 May 2020 read with Government
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Resolutions dated 14 October 2020 and 25 April
2022.
(c) The amount of ex gratia insurance cover, ie.,
Rs.50 lakh be paid to the Petitioners within a period of
six weeks from today.
15. Writ petition stands disposed of in above terms with no order as
to costs.
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16. List the petition on 4 May 2026 at 2.30 p.m for reporting
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compliance.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.]
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