Gujarat High Court Awards Compensation to Family of Covid Warrior

The Gujarat High Court has directed the state government to provide Rs 25 lakh in compensation to the family of a deceased corona warrior, nearly five years after his death due to Covid-19. The court has mandated that the payment be made within six weeks. Ahmed Patel, the deceased, worked as a weigh-man in a Pandit Deendayal Grahak Bhandar, a fair price shop in Aachhod village, Bharuch district. He was assigned emergency duty during the pandemic to distribute essential commodities on behalf of the state government.
Patel contracted Covid-19 while performing his duties and died on August 12, 2020. His widow, Tahera, applied for financial assistance, citing a government resolution from April 24, 2020, which pledged financial support for corona warriors who died while performing Covid duty. Weigh-men in government-recognized fair price shops were included in the list of corona warriors.
The government rejected Tahera's application on January 9, 2023, leading her to file a petition in the High Court through advocates Abid Pathan and Sakib Patel. They argued that there was no dispute regarding the cause of death being Covid-19, and all relevant authorities had certified, verified, and recommended the compensation payment. The government, however, rejected the claim because the district supply officer had not provided the list of employees engaged in emergency services within the stipulated time.
The state government defended its decision by stating that the Bharuch district authority had failed to submit the list of employees on Covid duty in fair price shops before November 20, 2020, exceeding the time limit prescribed in the government resolution.
Justice Aniruddha Mayee, after reviewing the case, noted that the compensation claim was not rejected based on its merits but due to the district supply officer's failure to provide the data on time. The High Court overturned the government's decision, stating, "The petitioner cannot be made to suffer for the default on the part of the respondent authorities. The said Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who expired while performing essential services during the Covid-19 pandemic on behalf of the State Government."