Gujarat High Court Directs ₹25 Lakh Aid To Wife Of Deceased Fair Price Shop Employee Who Died During Covid-19 Duty

Five years since the death of a "weigh-man"–working in a government recognized fair price shop–due to Covid-19 while performing emergency duty of distributing essential commodities, the Gujarat High Court directed the state government to grant financial assistance of Rs 25 Lakh to the deceased's wife within six weeks. 

The court observed that the State government had "erred in rejecting the application" of the petitioner wife of the deceased, in view of administrative direction which was issued to the District Supply Officers in the State for submitting the list of such employees by a particular date. It thus underscored that the "administrative direction was not an eligibility condition for grant of financial assistance". 

Justice Aniruddha P Mayee in his order observed:

"The only reason stated for rejection is that the respondent No.3 District Supply Officer had defaulted in his duty to send the list of employees engaged in Covid-19 Pandemic emergency duty before 30.04.2020...The said Government Resolution further directs the District Supply Officers of all the districts in the State on the administrative side to forward the list of such employees along with their necessary details to the respondent No.2 Director, Food and Civil Supply by 30.04.2020. The direction in the Resolution is an administrative direction and not essential condition for grant of financial assistance. In the considered opinion of this Court, the respondent State Government has erred in rejecting the application of the petitioner for financial assistance in terms of the Government Resolution dated 24.04.2020 despite fulfillment of all the parameters laid down in the said Government Resolution".

The court further said that the petitioner cannot be made to suffer for the default on the part of the respondent authorities. It observed that the Government Resolution–which sought to provide financial assistance to kin of such deceased employees–conferred financial benefits as a "benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid19 pandemic on behalf of the State Government". 

The court was hearing Tahera Patel's plea who is the widow of one Ahmed Patel who used work at Pandit Deendayal Grahak Bhandar a government recognized Fair Price Shop at Aachhod in district Bharuch. 

The deceased was on emergency duty pursuant to the directives issued by the State Government during Covid-19 Pandemic and was engaged in the distribution of essential commodities on behalf of the State Government during this period.While on duty during the said period, the deceased husband contracted pnuemonia and was declared Covid-19 positive on 11.08.2020. He was admitted at AI-Mohmood General Hospital, Jambusar and subsequently expired due to Covid-19 complications on 12.08.2020. 

At the time, the state government had passed a resolution on 24.04.2020, stating that those employees, who were working in the Government Recognized Fair Price Shops as Weigh-Man, Data Entry Operator and Assistant and those who have expired due to Covid-19 infection while on duty, their dependent families would be entitled to the financial assistance of Rs.25 Lakh. When the petitioner wife made an application for this grant, the same was rejected by the state government; against this she moved the high court. 

The court observed that it was not disputed that the deceased was working at the fair price shop. 

"The husband of the petitioner was engaged in the distribution of essential commodities to the general public on behalf of the State Government and was on emergency duty during Covid19 Pandemic," it said. 

The court noted that District Supply Officer, after receiving the petitioner's application from the Mamlatdar (section officer), processed it at his end and after verifying the relevant documents attached with the application as well as after getting a positive opinion from the Chief District Medical Officer endorsed the application with a positive opinion for grant of financial assistance. This was sent to the Director Food and Civil Supplies, Gandhinagar who after verifying the application gave a positive opinion and forwarded to the State government on 18.11.2020 citing delay. The court however noted that the deceased had fulfilled all the criteria which would entitle his wife to the benefit of the financial assistance resolution–

(i) He was working as Weigh-Man/Tolaat in the Government Recognized Fair Price Shop,

(ii) He was engaged in the distribution of essential commodities to the general public on behalf of the State Government during Covid-19 Pandemic, and

(iii) He has expired due to Covid-19 Pneumonia infection while on such duty. 

Allowing the plea the court directed, "In view thereof, the impugned communication dated 09.01.2023 rejecting the application of the petitioner for grant of financial assistance in terms of the Government Resolution dated 24.04.2020 is quashed and set aside. The petitioner is declared to be eligible for grant of financial assistance of Rs.25 Lacs in terms of the Government Resolution dated 24.04.2020. The respondent Nos.1 and 5 are directed to grant the financial assistance of Rs.25 Lacs to the petitioner in terms of the Government Resolution dated 24.04.2020 within a period of six weeks from the date of receipt of this order". 

Case title: TAHERA AHMED PATEL W/O LATE AHMED YUSUF PATEL v/s  STATE OF GUJARAT & ORS

Citation: 2025 LiveLaw (Guj) 78

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