Madhya Pradesh High Court
Meena Bhabhar vs The State Of Madhya Pradesh on 13 May, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:11843
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
WRIT PETITION No. 618 of 2025
MEENA BHABHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
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Appearance:
Shri Yash Pal Rathore, learned counsel for the petitioner.
Shri Anirudh Malpani, learned Govt. Advocate for the
respondents/State.
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ORDER
(Reserved on 17.04.2025) (Pronounced on 13.05.2025)
1. This petition has been preferred by the petitioner, who is the widow of deceased employee Daniel Bhabhar under Article 226 of the Constitution of India challenging the order dated 29.11.2023 passed by respondent No.3, the Collector, District Dewas whereby her claim Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 2 under the Mukhya Mantri COVID-19 Yoddha Kalyan Yojna (here-in- after 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 petitioner's husband late Daniel Bhabhar was working on the post of Assistant Sub Inspector in Police Department and was posted at BNP Note Press, Dewas. During COVID-19 pandemic he was on duty at Amaltas Hospital, Banger. During such period only he was infected with Corona virus and expired on 01.05.2021.
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 within Clause 3.1 and 3.3 of the scheme since he was on duty at Amaltas Hospital and was deputed in the drive Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 3 to prevent citizens from being infected with corona virus but he himself got infected and expired. Petitioner was deputed to serve the containment area for participating in prevention drive. He was on duty to maintain law and order at hospital and was running a very high risk of having contact with COVID patients. He died on account of COVID-19 while in service and during prevention drive. 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 the respondents be directed to extend the benefit of the scheme to the petitioner.
5. Reply has been filed by the respondents traversing the averments 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.3. It is further submitted that as per Clause 3.3 of the scheme only those employees of mentioned departments who were deputed by authorized/competent authority of the State for giving services for COVID-19 pandemic would be covered. No such order of authorized/competent authority had been passed in respect of husband of the petitioner. In absence of such mandatory deputation the petitioner is not entitled to get the benefit of the scheme. The petition hence deserves to be dismissed.
6. I have heard the learned counsel for the parties and have perused Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 4 the record.
7. Clause 3.1 of the scheme on which reliance has been placed by the respondents is as under :-
"3.1 ललोक ससस्वाससस्थ्य एसवं पररिसस्वारि कलस्थ्यस्वाण वसभस्वाग, वचिवकततस्वा वशिकस्वा वसभस्वाग एसवं आस्थ्ययुष वसभस्वाग कके तमसस्त तफस्वाई कमर्मचिस्वारिर, सस्वारर्मसवॉस्थ्य-, नतर्म, आशिस्वा कस्वास्थ्यर्मकस्तस्वार्म, पपैरिस्वामकेवरकत, स्तकनरवशिस्थ्यन, रवॉकक्टरि औरि वसशिकेषज्ञ औरि अनस्थ्य ससस्वाससस्थ्य कस्वास्थ्यर्मकस्तस्वार्म। "
8. However there is another Clause in the scheme which has not been taken note of by the respondents but which is material for decision of this petition which is Clause 3.3 which is as under :-
"3.3 गगृह वसभस्वाग, रिस्वाजसस वसभस्वाग, नगरिरस्थ्य प्रशिस्वातन वसभस्वाग शिहरिर ससस्वानरस्थ्य वनकस्वास्थ्यलोवं तवहस्त एसवं अनस्थ्य वसभस्वागलोवं कके कमर्मी जलो कलोवसर-19 महस्वामस्वारिर कके वलए अपनर तकेसस्वास्थ्ययें प्रदस्वान करिनके कके वलए रिस्वाजस्थ्य तरिकस्वारि कके तकम प्रस्वावधिकस्वारिर दस्वारिस्वा अवधिकगृस्त हपै।"
9. The contention of the respondents is that the petitioner is not entitled for the benefit under the scheme because she has not produced any order of the authorized/competent authority whereby her husband was deputed for giving duty for COVID-19 pandemic. However in the entire reply there is no reference to the document dated 07.05.2021 (Annexure P/2) filed by the petitioner. The same would hence be deemed to be an admitted document. It is a communication by the Station Incharge, Police Station, Bank Note Press, Dewas to the Superintendent of Police, Dewas in respect of COVID-19 report of husband of the petitioner. Therein it is stated that from 14.04.2021 upto 20.04.2021 he was on law and order duty (COVID-19) at Amaltas Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 5 Hospital, Banger. Thereafter from 20.04.2021 upto 28.04.2021 he was at Galla Mandi for the same purpose. From 29.04.2021 he was in the second shift at Maksi bypass checking point for law and order maintenance due to COVID-19 from 3.00 p.m. to 11.00 p.m.. After duty at night, around 2.30 p.m. he fell ill and was taken to Amaltas Hospital, Banger where he expired on 01.05.2021. On 07.05.2021 the Amaltas Hospital gave his report in which he was found to be COVID- 19 positive. The said letter for ready reference is reproduced below :-
"ककारकार्यालर पपुललस थकानका बबैंक ननोट पप्रेस लजिलका दप्रेवकास क्रमस्वावंक/सस्वानस्वा बर.एन.पर./दकेसस्वात/ 604/2021 वदनस्वावंक 07.05.2021 प्रवस्त, शरमस्वानन् पयुवलत अधिरकक महलोदस्थ्य, वजलस्वा दकेसस्वात, म.प्र., वसषस्थ्य:- तउवन रकेवनस्थ्यल भस्वाभरि सस्वानस्वा बर.एन.पर. दकेसस्वात कर कलोवसर-19 ररिपलोक्टर्म कके तवंबवंधि मयें।
उपरिलोकस्त वसषस्थ्यस्वावंस्तगर्मस्त वनसकेदन हपै वक 14.04.2021 तके वदनस्वावंक 20.04.2021 स्तक कस्वाननून वस्थ्यसससस्वा इवंस्तजस्वाम डडनूक्टर (कलोवसर-19) अमलस्तस्वात असपस्तस्वाल, बस्वावंगरि मयें सर उतकके उपरिस्वावंस्त वदनस्वावंक 20.04.2021 तके 28.04.2021 स्तक गललस्वा मणरर इस्तवंजस्वाम वस्थ्यसससस्वा कसबस्वा मयें सर। वदनस्वावंक 29.04.2021 कलो कस्वाननून वस्थ्यसससस्वा कलोवसर-19 चिकेवकवंग पस्वाइवंक्ट मकतर बस्वास्थ्यपस्वात परि वदस्तरस्थ्य वशिफ्ट 15.00 तके 23.00 बजके स्तक सर। डडनूक्टर उपरिस्वावंस्त उतर वदन रिस्वातर करिरबन 2.30- 03.00 बजके रकेवनस्थ्यल भस्वाभरि कर स्तबरस्थ्यस्त अचिस्वानक खरिस्वाब हलोनके तके उनकके दस्वारिस्वा तनूचिनस्वा दकेनके परि 108 सस्वाहन दस्वारिस्वा ईलस्वाज हकेस्तयु अमलस्तस्वात असपस्वास्तस्वाल बस्वावंगरि मयें भस्तर्मी करिस्वास्थ्यस्वा गस्थ्यस्वा जहहॉं ईलस्वाज कके ददौरिस्वान वदनस्वावंक 01.05.2021 कलो शिस्वाम करिरब 20.30 बजके मदौस्त हलो गस्थ्यर। आज वदनस्वावंक 07.05.2021 कलो अमलस्तस्वात असपस्तस्वाल तके तउवन रकेवनस्थ्यल भस्वाभरि कर कलोवसर-19 ररिपलोक्टर्म पपॉलजिटटीव प्रस्वापस्त हुई हपै।
अस्त: उकस्त कलोवसर-19 ररिपलोक्टर्म शरमस्वान कर तकेसस्वा मयें असललोकनस्वासर्म तस्वादरि प्रकेवषस्त हपै।
तवंलगन:- 01.कलोवसर ररिपलोक्टर्म कर छस्वास्थ्यस्वाप्रवस्त।
सस्वानस्वा प्रभस्वारिर सस्वानस्वा बबैंक नलोक्ट प्रकेत, दकेसस्वात Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 6 प्रवस्तवलवप:-
01. शरमस्वान अवस्त. पयुवलत अधिरकक महलोदस्थ्य, वजलस्वा दकेसस्वात कर ओरि तनूचिनस्वासर्म तस्वादरि प्रकेवषस्त।
02. शरमस्वान रर.एत.पर. मयुखस्थ्यस्वा./स्थ्यस्वास्तस्वास्थ्यस्वास्त महलोदस्थ्य कर ओरि तनूचिनस्वासर्म तस्वादरि प्रकेवषस्त।
03. प्रभस्वारिर रर.एत.पर. कर ओरि तनूचिनस्वासर्म तस्वादरि प्रकेवषस्त।
04. तउवन रकेवनस्थ्यल भस्वाभरि कके पररिजनलोवं कर ओरिएक आरिकक भकेजकरि लकेख हपै वक उकस्त पत मस्थ्य ररिपलोक्टर्म कके स्तस्वावमल करि स्तस्वावमलर मकेरिके तमक प्रसस्तयुस्त करिनस्वा तयुवनवश्चिस्त करियें।
सस्वानस्वा प्रभस्वारिर सस्वानस्वा बबैंक नलोक्ट प्रकेत, दकेसस्वात "
10. From a perusal of the aforesaid letter of Police Station to the Superintendent of Police it is evident that husband of the petitioner was deputed by authorized/competent authority of the State Government for giving his services for COVID-19 pandemic. This is a specific order deputing him for COVID-19 pandemic duty. It is hence wholly incorrect on part of the respondents to contend that there was no order deputing husband of the petitioner on COVID-19 duties. The order emphatically demonstrates that not only once but continuously from 14.04.2021 upto his death husband of the petitioner was deployed/deputed for maintaining law and order situation on account of COVID-19 pandemic. It cannot be comprehended as to on what basis have the respondents contended that there was no order deputing husband of the petitioner on COVID-19 duty. In saying so they have acted contrary to their own record and it appears that it is an attempt on their part to somehow wriggle out of their liability for making payment to the petitioner under the scheme. The said attitude of the respondents in attempting to shirk out of their responsibilities is most unfortunate.Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56
NEUTRAL CITATION NO. 2025:MPHC-IND:11843 7 The husband of the petitioner would certainly fall within the meaning of employees as given in Clause 3.1 and 3.3 of the scheme and petitioner would be entitled for the benefits under the scheme.
11. During COVID-19 pandemic when the entire country were shut down and people were afraid to even step out of their houses, Government employees such as husband of the petitioner had responded to the call of duty and had complied with the orders of their superior authorities and had risked their life for saving the citizens. A nobel scheme was thereafter floated by the State Government for compensating the families of employees who had expired while on duty but while implementing the scheme and providing actual benefits thereof in monetary terms to the family members of the deceased employee the respondents are resorting to frivolous grounds so as to avoid making payment. It is expected from the State authorities to have a big heart and to consider the plight of the family members of their own deceased employees who have lost their life while performing duty during COVID-19 pandemic and to ensure that the benefits to which they have been declared entitled to are extended to them.
12. As a result of the aforesaid discussion, the impugned order dated 29.11.2023 (Annexure P/1) passed by respondent No.3 the Collector, District Dewas cannot be sustained and is hereby set aside. The respondents are directed to pay the amount of compensation to the petitioner as provided in Mukhya Mantri COVID-19 Yoddha Kalyan Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-05-2025 18:18:56 NEUTRAL CITATION NO. 2025:MPHC-IND:11843 8 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: 13-05-2025 18:18:56