Case Note & Summary
The High Court allowed a Writ Petition filed by the wife of a deceased MSRTC employee, directing MSRTC to pay compensation of Rs. 50,00,000 under a COVID-19 ex-gratia scheme. The deceased died from COVID-19 on 7 April 2021 while deputed to supervise traffic at BEST Bus Depot. MSRTC had rejected the claim, arguing the deceased was not a driver and thus not covered by their circular. The Court interpreted the relevant Government Resolution and circular beneficially, holding that all employees of MSRTC, including those in supervisory roles, were entitled to compensation as they were engaged in essential services during the pandemic. The Court emphasized that the scheme aimed to provide financial support to families of employees who died from COVID-19, and a restrictive interpretation would defeat its purpose.
Headnote
The High Court of Judicature at Bombay, in its Civil Appellate Jurisdiction, heard a Writ Petition filed by Petitioner against the Maharashtra State Road Transport Corporation Ltd. (MSRTC) and the State of Maharashtra -- The petitioner sought a Writ of Mandamus to compel payment of Rs. 50,00,000 as compensation for the death of her husband, Bapu Jagtap, an MSRTC employee who died from COVID-19 on 7 April 2021 -- The MSRTC had rejected her claim, citing that the deceased was not assigned essential services and was not a driver involved in interstate transport, based on their circular dated 1 June 2020 -- The Court examined the Government Resolution dated 29 May 2020, issued by the Government of Maharashtra, which provided ex-gratia assistance of Rs. 50,00,000 for employees of local bodies and State Government Public Undertakings, including MSRTC, during the COVID-19 pandemic -- The Court held that the circular dated 1 June 2020 should be interpreted beneficially to include all employees, not just drivers, as the Government Resolution extended the benefit broadly -- The Court found that the deceased was deputed to supervise traffic at BEST Bus Depot, which constituted essential services during the pandemic -- Consequently, the Court allowed the petition, directing MSRTC to pay Rs. 50,00,000 to the petitioner within eight weeks, with interest at 6% per annum from the date of the petition if not paid within the stipulated time
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Issue of Consideration: The Issue of Consideration was whether the petitioner, as the wife of a deceased MSRTC employee who died from COVID-19, was entitled to compensation of Rs. 50,00,000 under the ex-gratia scheme, despite the deceased not being a driver or directly involved in interstate transport
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Final Decision
The High Court allowed the Writ Petition, directing respondent Nos. 1 to 3 (MSRTC) to pay compensation of Rs. 50,00,000 to the petitioner within eight weeks from the date of the judgment, with interest at 6% per annum from the date of the petition if not paid within the stipulated time
