Madhya Pradesh High Court
Devkanya Kasera vs The State Of Madhya Pradesh Through ... on 17 July, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:18727
1 WP-4749-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 17th OF JULY, 2025
WRIT PETITION No. 4749 of 2025
DEVKANYA KASERA
Versus
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY AND OTHERS
Appearance:
Shri Ayush Agrawal, learned counsel for the petitioner.
Shri Raghav Shrivastava, learned Govt. Advocate for the
respondents/State.
ORDER
1. This petition has been preferred by the petitioner, who is the widow of deceased employee Shri Gourdhan Kasera, under Article 226 of the Constitution of India challenging the order dated 07.01.2025 (Annexure P/6) passed by respondent No.2, Relief Commissioner, Rajaswa Rahat Bhawan, Bhopal whereby her claim under the Mukhya Mantri Covid-19 Yodha Kalyan Yojna (hereinafter referred to as "the scheme") for grant of compensation on account of death of her husband while performing Covid- 19 duties has been rejected.
2. In brief facts of the case are that as per petitioner, her husband late Gourdhandas was working on the post of Secretary/Sachiv of Janpad Panchayat, Bajna, District Ratlam and was performing the work of door to door distribution of medical kits/medicine during Corona pandemic and to Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20 NEUTRAL CITATION NO. 2025:MPHC-IND:18727 2 WP-4749-2025 give directions and spread awareness to prevent Corona in COVID-19 pandemic. During such period only he was infected with Corona virus and expired on 03.05.2021.
3. Since the State Government had floated the aforesaid scheme on 17.04.2020, the petitioner being widow of the deceased employee, applied for award of compensation under the scheme which provides for grant of Rs.50,00,000/- to the kin of an employee who has died on account of Covid- 19 and also an employee who has died in an accident while performing Covid-19 duties. The claim of the petitioner has been rejected by respondent No.3 by the impugned order on the ground that her husband does not fall under the category enumerated in Clause 3.1 of the scheme.
4. Learned counsel for the petitioner has submitted that the claim of the petitioner squarely falls under Clause 3.1 of the scheme since he was the Secretary of Janpad Panchayat, Bajna, Ratlam and was during the Corona pandemic deployed on duty for control of Corona virus and prevention by participating in kill Corona campaign. He was posted in Gram Panchayat Kelkatchh and in the campaign he along with other team members had to go door to door to make people aware of Corona virus and to distribute kits for safety and treatment from the virsu. He was employed for prevention of Corona directly. He expired only on account of his duties hence the petitioner was entitled for the relief as claimed. It is hence submitted that the impugned order be quashed and respondents be directed to extend the benefit of the scheme to the petitioner.
4. Reply has been filed by the respondents traversing the averments Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20 NEUTRAL CITATION NO. 2025:MPHC-IND:18727 3 WP-4749-2025 made in the petition and it is submitted that no case for interference is made out since the present case does not confirm to the conditions for grant as provided under Clause 3.1 of the scheme hence petitioner's claim has rightly been rejected by respondent No.2. It is further submitted that petitioner's husband had no direct contact with Covid-19 patients and was not involved in their sampling. He was not involved in any hospital or medical facilities nor his job was in Covid Care Centers, Covid Testing Centers, Quarantine Centers etc., hence as per Clause 3.1 of the scheme petitioner is not entitled for compensation. In absence of being covered under Clause 3.1 of the scheme the claim of the petitioner has rightly been rejected.
5. I have heard the learned counsel for the parties and have perused the record.
6. Clause 3.1 of the scheme on which reliance has been placed by the respondents is as under :-
'' 3.1 ऐसे शासक य कम , जो को वड क रोकथाम हे तु य प से अपनी सेवाएं दे रहे ह अथात को वड इलाज हे तु नािमत अ पताल, Covid care centre, Covid Testing Lab. quarantine centre म या को वड-19 क रोकथाम हे तु घर-घर सव ण, नमूना सं हण, जांच, क टे नमट ए रया म पयवे ण, साफ-सफाई आ द विभ न काय म तैनात ह जससे उनका सीधा संपक को वड मर ज से होने क संभावना है पा ह गे। धानमं ी गर ब क याण पैकेज के अ तगत लागू बीमा योजना के अ तगत स मिलत शासक य कम पा नह ं ह गे।''
7. A perusal of the said clause shows that thereunder those Government employees are covered who were directly giving their services for prevention of Covid i.e. were employed in Covid nominated hospital, Covid Care Center, Covid Testing Lab, Quarantine Center or were involved in the work of door to door survey for prevention of Covid-19, sampling, inspection in the cantonment area and related works and work having the Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20 NEUTRAL CITATION NO. 2025:MPHC-IND:18727 4 WP-4749-2025 probability of coming in direct contact with Covid-19 patients.
8. For the purpose of ascertaining as to whether husband of the petitioner would be covered by Clause 3.1 of the scheme the most important document is the letter dated 08.02.2022 (Annexure P/4) written by the Chief Executive Officer, Janpad Panchayat, Bajna, District Ratlam to the Collector, District Ratlam in which he stated that husband of the petitioner was deputed in Gram Panchayat Kelkatchh for prevention of Corona virus under the kill corona campaign. In the same he along with other team members was to go from door to door to make the people aware of Corona virus and to be careful of the same. They were to distribute medical kits. It was stated that husband of the petitioner was directly deployed for prevention of Corona virus as a result of which he came in contact with Covid-19 patients and got infected and was admitted to the hospital on 25.04.2021 where he eventually expired on 03.05.2021. The relevant part of the said letter is a under :-
''1. महोदय कायालय अनु वभागीय अिधकार एवं द डािधकार अनुभाग सैलाना जला रतलाम के आदे श ं ./1679/को वड/2021 दनांक 24.04.2021 ारा व. ी गोवधन करोरा सिचव ाम पंचायत कैलक छ क यूट कोरोना वायरस सं मण के रोकथाम एवं बचाव हे तु कल कोरोना अिभयान अ तगत ाम पंचायत कैलक छ म लगाई गई थी उ अिभयान म ग ठत दल ारा घर घर जाकर लोग को कोरोना से सावधान रहने हे तु समझाईस एवं दवाईयेां क क ट वतर त क जाना थी जसम दवंगत कम को वड क रोकथाम हे तु य प से सेवा हे तु तैनात थे जससे उनका सीधा स पक कसी को वड मर ज से हो जाने से वे भी सं िमत हो गये जसके उपचार हे तु इ ह दनांक 25.04.2021 को मे डकल कॉलेज रतलाम म एडिमट कराया गया जहॉं उपचार के दौरान दनांक 03.05.2021 को इनका िनधन हो गया।'
9. Thereafter the Additional Collector, District Ratlam, on 30-07- 2024 wrote to respondent No.2 reiterating the facts as were stated by the Chief Executive Officer, Janpad Panchayat in his letter. The said communication is available at page No.35 of the petition the relevant part of which reads as under :-
Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20NEUTRAL CITATION NO. 2025:MPHC-IND:18727 5 WP-4749-2025 ''उ अिभयान म ग ठत दल ारा घर-घर जाकर लोग को कोरोना से सावधान रहने हे तु समझाईश एवं दवाईय क क ट वतर त क जाना थी, जससे दवंगत कम को वड क रोकथाम हे तु य प से सेवा हे तु तैनात थे, जससे उनका सीधा स पक कसी को वड मर ज से हो जाने से वे भी सं िमत हो गये, जसके उपचार हे तु उ ह मे डकल कॉलेज म एडिमट कराया गया, जहॉं उपचार के दौरान दनांक 03.05.2021 को उनका िनधन हो गया था।''
10. From a perusal of the aforesaid letters it is evident that husband of the petitioner was specifically deputed/deployed in Covid-19 pandemic for giving his duties in the kill Corona campaign. He was deputed in Gram Panchayat, Kelkatchh for prevention and safety from Corona virus. His work was to go from door to door making people aware of Corona virus and advising them to be careful and distributing medical kits. It is a fact recorded by the Chief Executive Officer that since he was directly deployed for prevention of Corona virus, he came in contact with a Corona patient and got infected as a result of which he eventually expired. The letters of the Chief Executive Officer as well as the Additional Collector have not even been referred to by the respondents in their return hence would be deemed to be admitted documents.
11. From the documents of respondents No.5 and 6 itself it is evident that death of husband of the petitioner was only on account of him being deputed/deployed in corona virus duty where he had to perform such duties which are covered under Clause 3.1 of the scheme during course of which he came in direct contact with a Corona patient and got infected and eventually expired. A meaningful and purposeful reading of Clause 3.1 leads to a definete inference that the work which was being performed by husband of petitioner would be squarely covered thereunder. The petitioner was entitled Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20 NEUTRAL CITATION NO. 2025:MPHC-IND:18727 6 WP-4749-2025 for the benefits of the scheme but has wrongly been denied the same by the impugned order by illegally observing that the work which was being performed by him was not relatable to prevention of Covid-19 scheme nor is there any mention of him distributing the kits.
12. As a result of the aforesaid discussion, the impugned order dated 07.01.2025 (Annexure P/6) passed by respondent No.2 cannot be sustained and is hereby quashed. The respondents are directed to pay the amount of compensation to the petitioner as provided in Mukhya Mantri Covid-19 Yoddha Kalyan Yojna within a period of 45 days from the date of receipt of certified copy of this order.
13. With the aforesaid, the petition stands allowed and disposed off.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-07-2025 17:11:20