MP High Court Orders State To Compensate Widow Of Govt Employee Tasked With Arranging Buses For Migrant Labourers During Pandemic

The Madhya Pradesh High Court directed release of compensation under Mukhyamantri Covid-19 Yoddha Kalyan Yojana to the widow of government department official, ruling that the only requirement under the scheme was that the death must occur while serving during Covid-19 pandemic which was fulfilled in this case. The court noted that the deceased was tasked with assigning ambulances and buses during the pandemic. Reportedly under this scheme the state government had promised compensation of Rs. 50 Lakh to the beneficiaries of the deceased. The bench of Justice Vishal Mishra observed;"From the perusal of recommendation made by the District Collector, it is clear that the duty assigned to the petitioner was for arranging buses and ambulances during Covid-19 pandemic in his Office and while on duty, he suddenly fell ill and passed away in the hospital on 10/06/2020. Therefore, it cannot be said that petitioner is not coming under the coverage in terms of clause 4 of the Scheme. The only requirement was to demonstrate that the death has taken place while he was on service during Covid-19 pandemic. The said requirement was fulfilled by the petitioner's husband, therefore the reason assigned by the Authorities is incorrect".Per the facts of the case, the petitioner's husband was permanently employed as an Assistant (Grade-3) in the Department of Protocol in the Collectorate. His responsibilities included arranging the buses and ambulances during the COVID-19 pandemic for migrant labourers. One day, while at work, due to anxiety and stress, he suffered a cardiac arrest and passed away. The State Government thereafter issued a circular on April 17, 2020 for the grant of compensation to the families of Corona Warriors who had lost their lives serving society. Another circular was issued on April 23, 2020, for further clarification that there was no requirement to produce COVID-19 positive test reports in case of the employees who were directly involved as frontline workers.Since the family members of the warriors were entitled to a grant of compensation, the petitioner applied to the scheme, and her name was also forwarded by the District Collector of Jabalpur, but no amount has been paid to her. The state government rejected her claim, noting that her husband did not fall under the scope of clause 4 of the Scheme floated by the Government.However, the State government neither contested the responsibilities of the petitioner's husband nor disputed the circumstances of death, and merely rejected the claim based on clause 4. The State Government contended that the compensation was granted to families of frontline workers termed Covid warriors, and that the petitioner's husband was not a frontline worker but merely arranged ambulances and buses for transportation of labourers. The primary issue for consideration was "Whether the benefit of the Scheme floated by the Government, i.e. Mukhyamantri Covid-19 Yoddha Kalyan Yojana, can be extended to the petitioner". Reviewing clause 4 of the scheme, the court observed that it was applicable to employees who passed away while rendering services in relation to Covid-19. The court noted that the petitioner's employee also passed away while rendering services in relation to Covid-19 and therefore his wideo was entitled to receive compensation under the scheme. With this view, the court directed;"Accordingly, the order impugned, rejecting the claim of the petitioner, is per se illegal. It is hereby quashed. quashed. The Authorities are directed to release the amount in terms of the Scheme floated by the Government to the petitioner within a period of 90 days from the date of receipt ofa certified copy of this order". Case Title: Anju Murti Upadhyay v State of MP (WP-18400-2020)Citation: 2025 LiveLaw (MP) 202For Petitioner: Advocate Sanjay Kumar Verma For State: Advocate Dheeraj TiwariClick here to read/download Order

MP High Court Orders State To Compensate Widow Of Govt Employee Tasked With Arranging Buses For Migrant Labourers During Pandemic

Jayanti Pahwa

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