Frontline Health Worker Entitled To PM Garib Kalyan Package Compensation Even If Posted At Non-Notified Hospital: Bombay High Court

Merely because a hospital is not categorised or enlisted as one to be 'requisitioned' for Covid-19 treatment, is not ground to deny compensation to a health worker, who died of Covid19 virus while on duty, held the Kolhapur Circuit Bench of the Bombay High Court recently, while ordering the authorities to pay the compensation to the husband of a nurse under the `Pradhan Mantri Garib Kalyan Package' (PMGKP).

A division bench of Justice Ravindra Avachat and Justice Ajit Kadethankar noted that the petitioner Sunil Mohite's wife Rekha, worked as a nurse in the Police Hospital at Sangli, where she was treating suspected Covid-19 patients, mostly police personnel. While on duty, she was diagnosed with Covid-19 on April 21, 2021 and she died within 4 days of contracting the dreaded virus on April 24, 2021.

However, when her husband made an application for compensation under the PMGKP, it was turned down on the ground that the Police Hospital at Sangli was not categorised or enlisted or even requisitioned for Covid-19 treatment and though his wife Rekha died while serving the Covid-19 patients, his claim cannot be processed.

The bench noted that the initial Union Government Order passed in 2020, did not stipulate in the PMGKP scheme anything specifying that the hospital where the deceased was working must have been incorporated in the list of the hospitals requisitioned for Covid-19 treatment.

"Observing and terming the compensation scheme only to be meant for such health workers who were working in such hospitals/places which were requisitioned for Covid-19 treatment shall, in our opinion frustrate the benevolent scheme of compensation itself. If the scheme is gone through meticulously it is obviously a comprehensive policy with far reaching effect," the judges held in their judgment pronounced on January 14.

The bench noted that the deceased Rekha was undisputedly working in the Police Hospital Sangli by an Order specifically during the Covid period. The Police Hospital was also meant for preliminary treatment and the Covid patients amongst Police Personnel were later shifted to bigger covid centres for the further treatment as per the condition.

"There is every possibility that some of the police personnel who had visited the Police Hospital Sangli for preliminary treatment of Covid-19 caused its infection to the Staff Nurse - late Rekha. It is but obvious that deceased Rekha contracted Covid-19 infection while she was on duty there," the bench noted.

Police personnel were on duty 24X7 during the Covid pandemic period having been closely and extremely exposed to the pandemic, the judges underlined.

However, the bench refused to agree with the authorities on the argument that merely because the Police Hospital Sangli was not enlisted as Covid treatment Center, deceased Rekha's services were not concerned to covid related services.

"In our view, what is necessary for grant of compensation is that the concerned employee has to be a health worker and ought to be infected of Covid-19 while on duty. The undisputed fact that late Rekha was serving actively at Police Hospital Sangli during the period when the Covid pandemic was in wild disorder itself shows that she is covered by the scheme," the judges opined.

The bench noted that the competent authority had duly certified that deceased Rekha's cause of death was Covid-19 and she was on duty fourteen days before her death. It further noted that a State appointed Committee had come up with this 'category' of hospitals, mandating that the hospital, where a health worker served must be 'enlisted' as a Covid treatment centre.

"The reason rendered by the Joint Director of Health Services in rejecting the claim for Police Hospital, Sangli not being enlisted in the list of requisitioned hospitals, is a foreign to the scheme itself. The scheme does not have such narrow object. We are of the firm opinion that there can be no such condition, no such parameter, no such illogical classification which de-facilitate execution of the Scheme and would be extraneous to the scheme itself. Rejection of Petitioner's claim lacks of prudent logic and pragmatic slant," the bench said.

A Judicial note, the bench said, can be taken that from a huge number of health centres at preliminary examinations patients were suspected to have been infected of Covid-19, and then were shifted or advised to shift at bigger covid centres. Obviously, the health staff at such preliminary units was susceptible to covid infection at par with the those working at categorised covid centres.

"Late Rekha Mohite was one amongst such employees serving the patients who were suspected of covid infection. She was continuous on duty while suffered Covid infection. The gap between detection of infection and her death is merely of 03 days. Disposing her contribution as non-covid related services merely on the ground of categorisation of health centres would not only defeat the very object of the Scheme, but results into violation of Article 14 of the Indian Constitution," the judges held.

With these observations, the bench ordered the authorities to pay the compensation within 16 weeks.

Appearance:

Advocates Dhairyasheel Sutar, Shruti Ghodake, Rakshita Shinde, Onkar Sutar, Reshma Adwait and Latika Kabad appeared for the Petitioner.

Advocate Vijay Killedar represented the Union of India.

Assistant Government Pleader AA Naik represented the State Authorities.

Advocate Devendranath Joshi represented the Insurance Company.

Case Title: Sunil Shankar Mohite vs Union of India (Writ Petition 7359 of 2023)

Citation: 2026 LiveLaw (Bom) 44

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