Full Judgment Text
2025:BHC-KOL:3836-DB
WP-17617-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 17617 OF 2024
1. Vijaya Yashwant Jadhav. ]
]
2. Sayali Yashwant Jadhav. ]
]
3. Sahil Yashwant Jadhav. ]
]
4. Tulsabai Khandu Jadhav. ] ...Petitioners.
Versus
1. Block Development Oicer, ]
Karveer Panchayat Samittee, ]
Kolhapur. ]
]
2. Chief Executive Oicer, ]
Zilla Parishad, Kolhapur. ]
]
3. Divisional Commissioner, ]
Pune Division, Pune. ]
]
4. State of Maharashtra, ]
through Additional Chief ]
Secretary, Rural Development ]
Department. ]
]
5. State of Maharashtra, ]
through Additional Chief ]
Secretary, ]
Finance Department. ] ...Respondents.
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——————
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.
——————
Coram : M. S. Karnik &
Ajit B. Kadethankar, JJ.
Date : December 10, 2025.
Oral Judgment [Per M. S. Karnik, J.]:
1. The Petitioners, by this petition, seek relief in terms of
prayer clause (b), which reads thus :
“(b) On perusal of the same, this Hon'ble
Court by an appropriate writ, order and or
direction be pleased to direct the Respondent
Nos. 4 and 5 to grant the beneit of Government
Resolution dated 29.5.2021 passed by
Respondent No. 5 and Government Resolution
dated 25.4.2022 passed by Respondent No. 4
giving beneit of Insurance Cover/ Ex-gratia
beneit of Rs.50 Lakhs by extending the date of
30.6.2021 till 11.7.2021 as exceptional case for
death of said Yashwant Khandu Jadhav Extension
Oicer of Karveer Panchayat Samittee due to
Covid as he contracted Covid on 16.6.2021 and
was in hospital till his death.”
2. Brief facts of the petition are that Petitioners are the heirs
and legal representatives of one Yashwant Khandu Jadhav, who
was working as Extension Oicer with the Panchayat Samittee,
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Karveer. Petitioners are the wife, son and mother respectively of
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deceased Yashwant Jadhav. On 16 June 2021, Yashwant Jadhav
contracted COVID-19 while discharging duty as a government
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servant. He succumbed to COVID-19 on 11 July 2021, while he
was undergoing treatment in the hospital. Yashwant Jadhav was
working in the oice of Respondent No.1, i.e., Block Development
Oicer, Karveer, Panchayat Samiti, Kolhapur. Respondent No.2 is
the Chief Executive Oicer of Zilla Parishad. Respondent No.3 is
the Divisional Commissioner, Pune Division, Pune, under whose
jurisdiction the Respondent Nos.1 and 2 function.
3. In the year 2020, with the outbreak of the COVID-19
pandemic, Yashwant Jadhav, being an oicer working with
Respondent No.1, was entrusted with the task of inding out
COVID-19 infected people, performing anti-COVID tests, and
taking them to the hospital. The irst COVID-19 wave was from
March 2020 to the end of 2020. The Central Government
implemented the scheme of insurance cover of Rs.50 lakh to the
health workers, who were in direct contact and care of COVID-19
patients and who may have been at risk of being impacted by the
same, which would also include accidental loss of life on account
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of contracting COVID-19. The State Government, in line of the
insurance scheme framed by the Central Government, issued a
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Government Resolution (“ GR ” for short) dated 29 May 2020,
providing insurance cover to the employees of the State
Government, employees of Local Self Government bodies and
employees of Public Undertakings. The beneits under the said GR
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applied to those who succumbed to COVID-19 till 30 September
th st
2020. The GR was extended from 30 September 2020 to 31
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December 2020 by GR dated 14 October 2020. As the COVID
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situation worsened, by another GR dated 14 May 2021, the
beneit of insurance cover of Rs. 50 lakh under the Government
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Resolution dated 29 May 2020 was further extended till 30
June 2021. The said cover remained subject to the terms and
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conditions laid down in GR dated 29 May 2020.
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4. Respondent No. 4 made GR dated 29 May 2020 applicable
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to all employees by Circular dated 8 July 2020. The State
Government, through Respondent No. 4, decided to give the
beneit of the said scheme of insurance cover to the village
panchayat employees who passed away while discharging their
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duties during the COVID-19 pandemic up to 30 June 2021.
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5. Yashwant Jadhav was 45 years of age at the relevant time.
He worked during the irst wave of COVID as a frontline worker.
Even during the second wave from March 2021, Yashwant
continued to work as a frontline worker and hence was insured
under the insurance cover scheme declared by Respondent No.4.
In the second wave, Yashwant was entrusted by the Respondent
No. 1 with the responsibility of implementing measures to
prevent the spread of COVID-19. Yashwant was diagnosed for
having contracted COVID-19 while performing his duties during
the second wave. Since he tested positive, the treatment
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commenced. However, on 28 June 2021, his health deteriorated.
On the very same day, he was shifted to Aster Hospital, Shastri
Nagar, Kolhapur.
6. The Petitioners were not allowed to meet Yashwant but
were informed about his health condition by the Doctors.
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Petitioner No. 3 also tested positive on 17 June 2021, and she
was admitted to Sharanya Hospital, Kolhapur. Petitioner Nos.1
and 2 were quarantined at home as they were also found positive.
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Yashwant was admitted to the hospital from 16 June 2021 to
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11 July 2021. Unfortunately, he passed away in the said hospital
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during the course of his treatment, on 11 July 2021.
7. It is the claim of the petitioners that, Yashwant, having
discharged his duties as a Health Worker during COVID-19, is
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entitled to avail the beneits of the GR dated 25 April 2022.
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Petitioner No. 1, on 6 September 2021, applied to the
Respondent No.1, requesting that Yashwant’s case be
recommended for grant of beneit of insurance cover to the
Petitioners as his heirs. The Respondent No. 2, by the letter dated
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9 May 2022, informed the Respondent No.1 that as deceased
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Yashwant died on 11 July 2021, i.e., after 30 June 2021, which is
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the cut-of date mentioned in the GR dated 25 April 2022, the
proposal for the beneit of insurance cover could not be accepted.
8. Learned AGP Mr. Mali, appearing for the Respondent–State,
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invited our attention to the GR dated 25 April 2022. It is
submitted that the claim made by the Petitioners has to be
considered in terms of the said GR. It is submitted that the said
GR categorically provides that the beneit of insurance cover is
applicable only to those employees who died having contracted
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COVID-19 till 30 June 2021. It is submitted that some cut-of
date has to be prescribed, and there is no inirmity in prescribing
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the said cut-of date. It is therefore submitted that the proposal
has rightly been returned as the Petitioner’s claim does not fall
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within the ambit of the GR dated 25 April 2022.
9. We have also heard Mr. Lad, learned Counsel for Zilla
Parishad who supports the submissions of the learned AGP.
10. Heard learned Counsel. There is no dispute that Yashwant,
being a frontline worker of Zilla Parishad during the COVID-19
pandemic, attended to the patients infected by COVID-19, helped
admit them to the hospitals and being in contact with such
patients, contracted COVID.
11. Let us revisit the testing times of COVID-19 pandemic. The
world before the onset of COVID-19 was marked by steady
progress and normalcy; life around the globe moved with a sense
of stability and continuity. However, this sense of normalcy was
shattered abruptly when the novel coronavirus, COVID-19,
emerged and spread across the globe with alarming speed,
disrupting the regular rhythm of life and placing humanity in the
midst of an unprecedented public health crisis. The sudden
outbreak acted like a formidable demon, disrupting lives,
overwhelming the healthcare infrastructure, and inducing
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widespread fear and uncertainty. Entire economies were afected,
social structures were challenged, and individuals were forced
into protective isolation to safeguard their own health.
12. Amidst this global turmoil, the resilience of the human spirit
was examined in a remarkable way. The general public was
compelled to adopt protective measures such as wearing masks,
practising sanitisation, and maintaining social distancing, thereby
limiting physical contact and restricting movement. Yet, in the
face of such grave danger, a category of individuals rose with
extraordinary courage and unwavering dedication—our frontline
workers, including healthcare professionals such as doctors,
nurses, paramedics, sanitation staf, police personnel, and
countless others involved in essential services, became the
guardians of life during these testing times. They confronted the
COVID-19 pandemic head-on, willingly exposing themselves to
substantial personal risk to save others. They worked tirelessly in
hospitals, quarantine centres, testing facilities, and vaccination
drives. Their commitment often meant being away from families,
working long hours under extreme pressure, and facing the
trauma of losing patients as well as colleagues.
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13. Their role was not just a professional obligation; it was an
act of selless service. They fought not only against a microscopic
enemy but also preserved the very foundation of society by
ensuring the continued availability of vital healthcare and public
services. When the pandemic presented a challenge of
unparalleled magnitude for mankind, our frontline workers’
resilience, bravery, and sacriice became the cornerstone of the
global response. Tragically, many of these bravehearts made the
ultimate sacriice; their own lives fell victim in their courageous
eforts to save others. In recognising this profound sacriice, it is a
moral and societal imperative to honour frontline workers and
extend necessary support to their families, especially the heirs of
those who lost their lives. This is the very object of introducing
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the insurance scheme vide the GR dated 25 April 2022.
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
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symbolic gestures. Monetary beneits 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-sacriice and inspires future
generations to act with similar courage when called upon in the
wake of testing times.
15.
This would be in tune with the constitutional ethos that the
State must act with sensitivity towards those who have sufered
and must not allow procedural rigidity to eclipse substantive
justice. It reinforces the societal acknowledgement that the
courage displayed by frontline workers remains a beacon of hope
in a time of despair.
16. In such view of the matter, in the present case, considering
the deceased was a frontline worker who contracted COVID-19 in
the course of his oicial duties and ultimately lost his life while
serving COVID afected patients, the claim made by his legal heirs
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under the GR dated 25 April 2022 cannot be examined with a
narrow or technical approach. The scheme is welfare-oriented and
intended to support families of frontline workers who faced
exceptional risks during the pandemic. Therefore, a liberal
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construction of the GR is required to ensure that the object
behind issuing the said GR is fulilled, providing some solace at
least, as the loss of a family member can never be adequetely
compensated.
17. In this backdrop, this petition deserves to be examined
through a humanitarian lens rather than adopting a rigid or
technical approach. Denying relief would be to do a disservice to
the sacriice made by the deceased in his ight against COVID-19.
The GR’s must receive a broad and beneicial construction, as the
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deceased Yashwant had admittely contracted COVID prior to 30
June 2021.
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18. No doubt, GR dated 25 April 2022, if read literally, applies
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to those employees who died on or before 30 June 2021.
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However, in the present case, even before 30 June 2021,
Yashwant was admitted in hospital having contracted COVID-19.
The hospitalisation of Yashwant continued and in fact his health
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condition deteriorated since 28 June 2021 and unfortunately he
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passed away on 11 July 2021. In such circumstances the cut-of
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date i.e. 30 June 2021, as set out in the GR dated 25 April 2022
cannot be regarded as sacrosanct. This is a it case where the
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beneit of GR dated 25 April 2022 ought to have been extended
to the Petitioners.
19. Petition is therefore allowed in terms of prayer clause (b).
The beneit of insurance cover be given to the Petitioners within a
period of 4 weeks from today.
[Ajit B. Kadethankar, J.] [M. S. Karnik, J.]
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