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2025 DAILYLAW 85456 (PNJ)

CANARA BANK v. SEEMA YADAV AND OTHERS

LPA/2290/2025 · 2025-08-05

body2025

Judgment text

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126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CANARA BANK SEEMA YADAV CORAM: HON'BLE MR. JUSTICE HON'BLE M Present M for the appellant. * ASHWANI KUMAR MISHRA 1. This appeal 01.03.2025 passed by the Learned Single Bench in CWP whereby the claim of compassionate grounds and for payment of dues, on account of death of her husband, due to COVID 2. At the outset, learned counsel for the appellant compassionate appointment has already been offered to the respondent No.1 pursuant to which she has also joined. In such circumstances, the part of the direction whereb respondent No.1 regard is before us. The limited challenge made with regard account of death of respondent No.1’s husband due to COVID 3. The only ground, on which such benefit has been denied to respondent No.1, despite there being a Policy for payment of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: CANARA BANK V SEEMA YADAV AND OTHERS HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MS. JUSTICE AARADHNA SAWHNEY Ms. Rahish Pahwa, Advocate for the appellant. **** ASHWANI KUMAR MISHRA, J. (Oral) This appeal is by the Canara Bank 01.03.2025 passed by the Learned Single Bench in CWP whereby the claim of respondent No.1 (Seema Yadav), compassionate grounds and for payment of dues, on account of death of her husband, due to COVID-19, has been accepted. At the outset, learned counsel for the appellant compassionate appointment has already been offered to the respondent No.1 to which she has also joined. In such circumstances, the part of the direction whereby compassionate appointment was required to be offered to respondent No.1, has already been complied with is before us. The limited challenge made regard to issuance of direction for payment of com account of death of respondent No.1’s husband due to COVID The only ground, on which such benefit has been denied to respondent No.1, despite there being a Policy for payment of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-2290-2025 (O&M) Date of Decision: 5thAugust, 2025 .…...Appellant(s) V/s ......Respondent(s) ASHWANI KUMAR MISHRA AARADHNA SAWHNEY is by the Canara Bank, assailing order dated 01.03.2025 passed by the Learned Single Bench in CWP-13896-2021, respondent No.1 (Seema Yadav), for appointment on compassionate grounds and for payment of dues, on account of death of her 9, has been accepted. At the outset, learned counsel for the appellant-Bank states that compassionate appointment has already been offered to the respondent No.1 to which she has also joined. In such circumstances, the part of the y compassionate appointment was required to be offered to complied with. No challenge in that is before us. The limited challenge made in the present Appeal is issuance of direction for payment of compensation on account of death of respondent No.1’s husband due to COVID-19. The only ground, on which such benefit has been denied to respondent No.1, despite there being a Policy for payment of `20 Lakhs to SURESH KUMAR 2025.08.08 12:53 I attest to the accuracy and integrity of this document LPA-2290-2025 (O&M) p. 2 be released in such exigency, is that the post mortem report is not placed on record. 4. Learned Single Bench has dealt with the said issue in Para 12 of the impugned judgment, which reads as under:- “12. Now adverting to the argument as to whether the petitioner is entitled to the compensation as notified by the respondent bank in relation to the death of employees during Covid 19 Pandemic. I do not find that the stand of the respondents in denying the said compensation on account of absence of post mortem report is well justified. The death summary of the petitioner which is placed on record as Annexure P-3 issued by the Medanta Hospital clearly shows that the death was on account of post Covid pneumonia. Thus, it is a death directly relatable to Covid 19 pandemic. The non-conduct of a post mortem (while the same were not being held at all during the said period) cannot be cited as a basis under such circumstances, for denying the said compensation.” 5. The certificate issued by the Medanta Hospital, Gurugram, acknowledging the death of the husband of respondent No.1 due to post covid pneumonia, has not been doubted. The mere fact that the post mortem report was not on record, would not be sufficient to dislodge the claim of respondent No.1 for payment of compensation based upon the certificate issued by the Medanta Hospital. We do not appreciate the resisting of claim of respondent No.1 by a Nationalized Bank on such grounds. 6. The argument of the learned counsel for the appellant-Bank that complete documents have not been annexed has also been noticed by this Court and the same is rejected. SURESH KUMAR 2025.08.08 12:53 I attest to the accuracy and integrity of this document LPA-2290-2025 (O&M) p. 3 7. The death certificate has been annexed along with additional documents to show that cause of death is “Acute Ischemic Stroke”. In cases of COVID-19, where the Hospital has clearly certified that the death was on account of “Post Covid Pneumonia”, the actual cause of death may only be a consequence of COVID complications. 8. In such view of the matter, the Appeal lacks merit and is accordingly dismissed. 9. Accordingly, the appeal stands dismissed. 10. All pending applications, if any, in this case are disposed of accordingly. [ASHWANI KUMAR MISHRA] JUDGE [AARADHNA SAWHNEY] JUDGE August 5, 2025 Ess Kay Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No SURESH KUMAR 2025.08.08 12:53 I attest to the accuracy and integrity of this document