Compensation
for the death of COVID-19 warriors was not a bounty, and cases seeking
ex-gratia cannot be dealt with casually, the Aurangabad bench of the Bombay
High Court said while dismissing a petition filed by the widow of a handpump
helper who died during the pandemic.
A
division bench of Justices Ravindra Ghuge and R M Joshi said there was nothing
"perverse or erroneous" in the order passed by the Maharashtra
government rejecting the woman's application seeking compensation of Rs 50
lakh.
The
order was passed on the petition filed by Kanchan Hamshette from Nanded
district, who sought ex-gratia of Rs 50 lakh from the government as her
husband, who she claims was deployed by the government, had died after getting
infected with the coronavirus.
During
the pandemic, the state government introduced a comprehensive personal accident
cover of Rs 50 lakh to employees who were on active duty relating to survey,
tracing, tracking, testing, prevention, and treatment and relief activities.
Hamshette,
in her plea, stated that her husband, who died in April 2021, was performing a
task that fell in the category of essential services.
She
sought the high court to quash a communication the state government had issued
in November 2023 rejecting her application.
The
court, in its order, said there can be no debate that such cases must be dealt
with with sensitivity, care and caution.
"On
the one hand, such cases have to be scrutinised thoroughly, but on the other
hand, it has to be kept in mind that cases which are not qualified for payment
of Rs 50 lakh as ex-gratia cannot be entertained as if such amounts are a
bounty," the court said.
If
such cases are dealt with casually and compensation amounts granted, people
ineligible for such compensation would receive Rs 50 lakh from the taxpayers'
money, it said.
The high court accepted the government's contention
that the petitioner's husband was a handpump helper and was not employed for
COVID-19 duty by any competent authority.