Document Fragment View

Matching Fragments

2. It is the case of the petitioner that petitioner's husband was working as Assistant Grade-3 in the Department of Protocol in Collectorate, District Jabalpur as a permanent employee. Petitioner's husband was posted to arrange the buses and ambulances during Covid-19 pandemic for migrated labourers round the clock. He was continuously working from 20/03/2020 till the date of his death. While on work, he went through stress and anxiety which resulted into cardiac arrest in harness. He was admitted in Disha Multispeciality Health Care Hospital, where he finally passed away. Nagar NEUTRAL CITATION NO. 2025:MPHC-JBP:49758 2 WP-18400-2020 Nigam, Jabalpur also issued a death certificate on 15/06/2020. Petitioner is a legally wedded wife of late Rajeev Upadhyay. The State Government issued a circular on 17/04/2020 for grant of compensation to the families of Corona Warriors who had lost their lives while serving to society during Covid-19 pandemic. A clarification was issued by the Government on 23/04/2020 with respect to circular dated 17/04/2020. The petitioner's husband was working as a Corona Warrior when he passed away while he was on work due to sudden cardiac arrest. Therefore, family members are entitled for benefits in terms of circular issued for grant of compensation on 17/04/2020 and subsequent clarification dated 23/04/2020. Petitioner applied for grant of compensation under the Scheme floated by the Government on 17/04/2020.

3 . The Collector, District Jabalpur recommended the name of petitioner to the State Government on 24/07/2020 but till date no aid is paid to the petitioner. The Authorities have rejected the claim of the petitioner on 28/10/2020 observing that the petitioner does not fall under clause 4 of the Scheme floated by the Government. It is argued that the deployment of petitioner's husband to arrange the buses and ambulance during the Covid-19 pandemic for migrated labourers round the clock was not disputed by the Authorities. He had a cardiac arrest while he was on work is also not disputed. The recommendation of the case was duly made by the District Magistrate on 24/07/2020 which is not disputed. No reasons are assigned by the Authorities except the fact that he does not fall under the category of clause 4 of the Scheme, therefore, benefit could not be extended. Learned counsel appearing for the petitioner has drawn attention of this Court to the NEUTRAL CITATION NO. 2025:MPHC-JBP:49758 3 WP-18400-2020 Scheme floated by the Government, wherein clause 4 provides for coverage of the Scheme and he submits that the positive Covid-19 test report is not required to be placed before the Authorities to claim the benefit as clarification to the aforesaid effect was issued by the Authorities themselves on 23/04/2020 that no such report is required if the employee is working as a Covid warrior during Covid-19 pandemic. He has placed reliance upon the judgment passed in the case of Sundarbai Vs. General Manager, Ordnance Factory, Jabalpur reported in 1976 MPLJ 356.

9 . It is the case of the petitioner that the only requirement for entitlement under clause 4 was that he should be allotted work with respect to Covid-19. It is not in dispute that the petitioner was allotted work of NEUTRAL CITATION NO. 2025:MPHC-JBP:49758 5 WP-18400-2020 arranging for buses and ambulances during Covid-19 pandemic for migrated labourers round the clock. While working, owing to stress and anxiety, he had a sudden cardiac arrest. The same was reported by the District Magistrate, Jabalpur which is as under:-

11. Under these circumstances, the petitioner is held entitled for the benefit of the Scheme as her husband was duly deployed for making NEUTRAL CITATION NO. 2025:MPHC-JBP:49758 6 WP-18400-2020 arrangement of buses and ambulances for migrated labourers and during his working hours, he passed away.