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Gujarat High Court
Sunilkumar Kalsinh Patel Since Decd ... vs State Of Gujarat on 23 February, 2026
NEUTRAL CITATION
C/SCA/11965/2025 ORDER DATED: 23/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11965 of 2025
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SUNILKUMAR KALSINH PATEL SINCE DECD THROUGH WIDOW
CHANDABEN SUNILKUMAR PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PRIYAL YATIN SHAH(8996) for the Petitioner(s) No. 1
MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 23/02/2026
ORAL ORDER
1. Rule returnable forthwith. Learned Assistant
Government Pleader waives service of notice of rule on
behalf of respondent-State.
2. By the present writ petition, the petitioner is seeking a
direction to accept the case of the petitioner for grant and
disbursement of financial aid of Rs. 25 lakhs in favour of the
family of the deceased, who died during the Corona period
while in service.
3. Learned advocate for the petitioner submits that
deceased - husband of the petitioner was serving as a
Forester with the Social Forestry Division at Dahod. It is
submitted that during that Covid Pandemic, the deceased -
NEUTRAL CITATION
C/SCA/11965/2025 ORDER DATED: 23/02/2026
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husband of the petitioner was enlisted for providing
essential services from 01.04.2020 to 06.05.2020. Learned
advocate submits that thereafter the husband of the
petitioner has contracted corona virus on 06.05.2021 and
expired on 10.05.2021. She further submits that since the
petitioner was on his duty with the forest department, the
petitioner is entitle to grant of financial aid as per the policy
of the State Government. Learned advocate submits that the
petitioner's case be considered sympathetically as the
deceased was the only bread earner of the family when he
expired in Covid-19 pandemic.
4. Per contra, learned Assistant Government Pleader Mr.
Mayank Chavda appearing for the respondent submits that
the case of the petitioner has been properly scrutinized by
the authorities. He submits that deceased - husband of the
petitioner was enlisted for Covid pandemic duty from
01.04.2020 to 06.05.2020. Thereafter, the husband of the
petitioner was released from the essential duties and was
sent back to his original duties as a Forester in the Social
Forestry Department. Learned AGP further submits that
nature of the duties of the deceased - husband of the
petitioner was not having to deal with any general public.
Learned AGP submits that deceased - husband of the
petitioner had contacted corona-virus after more than one
NEUTRAL CITATION
C/SCA/11965/2025 ORDER DATED: 23/02/2026
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year of rendering such essential services. He therefore
submits that as per Government Resolution dated
03.08.2021, the family of the deceased is not entitled to get
any compensation since the deceased - husband of the
petitioner was not enlisted for any essential service at the
time of his death.
5. Heard learned advocates for the parties, perused the
documents and considered the submissions.
6. In the present case, the deceased - husband of the
petitioner was a Forester with the Social Forestry
Department. He was enlisted for Covid-19 pandemic duties
for essential services from 01.04.2020 till 06.05.2020.
Thereafter, the deceased - husband of the petitioner was
reverted back to his normal duties as Forester with the Social
Forestry Department. The nature of duties of the deceased -
husband of the petitioner was mainly to attend the nursery
management, afforestation activities and plantation
production work. The said duties do not involve any public
contact or is not part of any essential services rendered
during the Covid-19 Pandemic. The deceased - husband of
the petitioner has contacted corona-virus in normal course
on 06.05.2021 after one year and not due to any rendering of
essential services. The Government Resolution dated
NEUTRAL CITATION
C/SCA/11965/2025 ORDER DATED: 23/02/2026
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03.08.2021 grants compensation to the families of the
deceased, who have expired while performing essential
duties during Covid-19 Pandemic. In the present case, the
duties rendered by the deceased - husband of the petitioner
at the time of contracting corona-virus was not due to any
essential public duty. No infirmity can be attached to the
communication dated 06.03.2025 rejecting the application of
the petitioner for compensation.
7. The present writ petition is devoid of merits and is
accordingly dismissed. No order as to costs. Rule is
discharged.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
