The Allahabad High Court has held that ward boy working in OPD across COVID ward during the pandemic will be covered under ‘Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19’ and the benefits of the scheme were directed to be given to his widow.
Petitioner’s claim under the Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 was rejected on grounds that her husband had died after the expiry of three months period from 28.03.2020 and that he was not directly working in the COVID ward.
The Court observed that “beneficial schemes provided by the Government are not to be read in a technical manner and are required to be looked in a holistic manner.”
It was observed that order dated 28.03.2020 extended the benefits to health workers as well who may be at risk of contracting COVID-19 including those who died due to COVID-19.
The Court relied on the Sangeeta Wahi v. Union of India and others where the Delhi High Court held that ‘Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19’ will not only be applicable to those directly working in COVID wards. It was held that such narrow interpretation cannot be given to a welfare scheme which was brought in for those who were affected in line of duty, be it a security guard who was helping in maintaining order in the hospital.
The bench comprising of Justice Shekhar B. Saraf and Justice Manjive Shukla held that petitioner’s husband who was working in OPD directly across the COVID ward would be entitled to benefits of the scheme and the narrow interpretation of the scheme given by the authorities is contrary to the intention of the scheme.
Case Title: Sadhna Sahu v. Union Of India And 5 Others [WRIT – C No. – 20071 of 2024]
