Madhya Pradesh High Court: In a writ petition challenging the orders passed by the Deputy Relief Commissioner, Department of Revenue (M.P.) rejecting petitioners’ claim to receive the benefit of Mukhyamantri COVID -19 Yoddha Kalyan Yojna, a division bench comprising of Raj Mohan Singh* and Avanindra Kumar Singh, JJ., held that petitioners are entitled to the benefits under the Mukhyamantri COVID-19 Yoddha Kalyan Yojna and found the orders denying the benefits to be illegal, arbitrary, and discriminatory. The Court directed the respondents to provide the benefits under the scheme, and imposed costs for the undue harassment caused to the petitioners.
In the instant matter, the petitioner 1’s husband (the deceased), a Chief Municipal Officer, died of COVID-19 on 22-05-2021, while actively involved in efforts to curtail the virus during the second wave of the pandemic. The petitioners, being his legal heirs, claimed benefits under the Mukhyamantri COVID-19 Yoddha Kalyan Yojna. However, their claim was denied by the Deputy Relief Commissioner based on the interpretation of para 3.1 of the scheme, which outlines eligibility criteria for government employees involved in COVID-19 curtailment activities. Despite multiple recommendations by the Collector, Panna, acknowledging the deceased’s active involvement in COVID-19 prevention drives and confirming his death due to COVID-19 contracted while on duty, the claim was repeatedly denied.
The petitioners contended that the deceased was actively involved in COVID-19 prevention activities as ordered by the Collector, Panna. It was contended that the deceased was exposed to the virus due to his duties and died as a result, making his legal heirs eligible for the scheme benefits. It was further contended that the other officers who died under similar circumstances were granted the benefits, demonstrating discriminatory treatment against the petitioners. However, the respondents denied the claim based on a narrow interpretation of para 3.1 of the scheme and argued that deceased’s activities did not qualify under the specified categories.
The Court noted that the deceased was involved in multiple activities aimed at preventing the spread of COVID-19, including the “Roko-Toko” drive and establishing containment zones, which falls under the ambit of para 3.1 of the scheme. The Court stated that the deceased’s duties involved high-risk exposure to COVID-19, like other officers granted benefits under the same scheme. The further noted that repeated endorsements by the Collector, Panna, and the acknowledgment of the deceased’s death due to COVID-19 while on duty support the petitioners’ eligibility.
The Court found no justifiable reason to deny the benefits to the petitioners when similar claims for other officers, such as the Tahsildar and Deputy Collector, were approved under the same circumstances. The Court criticised the respondents for isolating the case of the deceased without valid reasons and causing undue hardship to his legal heirs. The Court observed that the petitioners, especially the widow who is suffering from cancer, were subjected to undue harassment and the denial appeared to be a result of foul play and arbitrary actions by the respondents.
The Court opined that the Government schemes must be applied fairly and consistently and denying benefits to similarly situated individuals without justifiable reasons constitutes arbitrary and discriminatory action. The Court held that the petitioners are entitled to the benefits under the Mukhyamantri COVID-19 Yoddha Kalyan Yojna and quashed the impugned orders dated 20-09-2021 and 18-08-2022. The Court ordered the respondents to pay Rs. 50 Lakh to the petitioners along with Rs. 1 Lakh as costs for unnecessary harassment within one month from the date of the order.
[Rajlaxmi Sharma v. State of M.P., Writ Petition No. 27631 of 2022, order dated 27-05-2024]
*Judgment by Justice Raj Mohan Singh
Advocates who appeared in this case :
Shri Akash Choudhary, Counsel for the Petitioners
Shri G.P. Singh, Govt. Advocate, Counsel for the Respondents
The post appeared first on .