Gujarat High Court Directs ₹25 Lakh Aid To Widow | Quashes Rejection Of Covid Relief | Petitioner Cannot Be Made To Suffer For Official Default
Safiya Malik
The High Court of Gujarat Single Bench of Justice Aniruddha P. Mayee quashed a communication from the State Government rejecting a widow's application for financial assistance under the Covid-19 relief scheme. The Court directed the authorities to release Rs. 25 lakhs in compensation within six weeks from the date of receipt of the order.
In a judgment delivered on May 5, 2025, the Court declared that the rejection of the widow's application on the ground of procedural delay by district officials was unjustified. The Court stated that the deceased husband of the petitioner fulfilled all eligibility criteria laid down in the Government Resolution dated April 24, 2020. It held that the administrative instruction requiring the list of employees to be submitted by April 30, 2020, was not a condition precedent for eligibility.
Consequently, the impugned communication dated January 9, 2023, was quashed and the petitioner was declared entitled to receive the ex-gratia assistance. The State Government and its concerned departments were directed to disburse the amount of Rs. 25 lakhs within six weeks.
The petitioner is the widow of a deceased individual who was employed as a Weigh-Man in a Government Recognized Fair Price Shop under Licence No. 51/15 and Shop ID No. 21496 at Aachhod, Taluka Amod, District Bharuch. During the Covid-19 pandemic, the deceased was engaged in emergency duty pursuant to directives from the State Government and was involved in the distribution of essential commodities.
On August 11, 2020, while performing such duty, the deceased contracted Covid-19 Pneumonia. He was admitted to AI-Mahmood General Hospital, Jambusar, and passed away on August 12, 2020, due to complications arising from the infection. The petitioner, being the surviving spouse, applied for financial assistance of Rs. 25 lakhs under the Government Resolution dated April 24, 2020, which provides for such relief to families of employees who died due to Covid-19 while on duty.
The petitioner submitted all necessary documents, including certificates from the Mamlatdar & Executive Magistrate, District Supply Officer, and medical certificates confirming the cause of death. The Mamlatdar issued a certificate on October 16, 2020, confirming the deceased's employment and cause of death. The District Supply Officer also confirmed on November 8, 2022, that the deceased was employed before April 30, 2020, and died due to Covid-19.
The application was positively verified and endorsed by all competent district authorities. The Mamlatdar forwarded the application with his recommendation to the District Supply Officer. The latter verified the medical records and obtained an opinion from the Chief District Medical Officer. Subsequently, the application was forwarded to the Director of Food and Civil Supplies, Gandhinagar, who also submitted it to the Deputy Secretary, Food and Civil Supplies and Consumer Affairs Department, with a favorable recommendation.
However, by communication dated January 9, 2023, the Director of Food and Civil Supplies conveyed the State Government's decision to reject the application. The reason cited was the delayed submission of the list of employees who were working in Government Recognized Fair Price Shops during the pandemic. The State Government had directed that such lists be submitted by April 30, 2020. In this case, the list from Bharuch District was sent only on November 20, 2020.
The petitioner challenged this rejection by filing a Special Civil Application under Article 226 of the Constitution of India. It was argued that the deceased met all substantive conditions of the Government Resolution and that the procedural lapse by district officials should not defeat her legitimate claim.
The respondent-State contended that the rejection was valid in light of the procedural non-compliance. It was argued that as the list of employees was not received by the prescribed date, the deceased could not be considered eligible.
The Court reviewed the facts and held that there was no dispute regarding the employment of the deceased. It recorded: "It is not in dispute that the husband of the petitioner was working as Weigh-Man in Pandit Deendayal Grahak Bhandar, Government Recognized Fair Price Shop bearing Licence No.51/15 and Shop I. D. No. 21496 at Aachhod, Taluka Amod, District Bharuch."
The Court further noted: "It is also not in dispute that the husband of the petitioner was diagnosed as Covid-19 positive on 11.08.2020 and came to be admitted in AI-Mahmood General Hospital, Jambusar and thereafter, has expired due to Covid-19 complications on 12.08.2020."
Regarding procedural compliance, the Court stated: "The said list has been duly certified by the respondent authorities and has been sent to the State Government in official capacity as required." It observed that the rejection was not based on the merits of the petitioner’s eligibility but solely on the delay in submission of the list by district authorities.
Addressing the validity of the administrative timeline, the Court stated: "The said Government Resolution further directs the District Supply Officers of all districts in the State on the administrative side to forward the list of such employees... The direction in the Resolution is an administrative direction and not essential condition for grant of financial assistance."
The Court determined that the eligibility conditions were fulfilled: "In the present case, the deceased husband of the petitioner fulfilled all the criteria as mentioned in the Government Resolution dated 24.04.2020, that is, (i) He was working as Weigh-Man/Tolaat... (ii) He was engaged in the distribution of essential commodities... (iii) He has expired due to Covid-19 Pneumonia infection while on such duty."
The Court concluded that the petitioner could not be made to suffer due to the administrative fault of the district authorities: "The petitioner cannot be made to suffer for the default on the part of the respondent authorities."
It was also recorded: "The said Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government."
The Court issued clear directions concerning the relief to be granted. It stated: "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."
It then declared the petitioner’s eligibility: "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 Court directed the authorities to act expeditiously: "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."
Advocates Representing the Parties:
For the Petitioners: Mr. Abid R. Pathan and Mr. Mohammed Sakib Patel, Advocates
For the Respondents: Mr. Aditya Pathak, Assistant Government Pleader
Case Title: Tahera Ahmed Patel v. State of Gujarat & Ors.
Case Number: R/Special Civil Application No. 17266 of 2023
Bench: Justice: Aniruddha P. Mayee
[Read/Download order]
