Looking at the purpose of the coronavirus scheme, and finding that the factum of the death of deceased has direct nexus to covid-19, as he was performing covid-19 duty, the Delhi High Court has held the petitioner (wife of deceased Vice Principal, who was engaged at Hunger Relief Centre for supervision of dry ration while adhering to COVID protocols), entitled for ex-gratia compensation of Rs. 1 Crore, and directed the State Government for compliance within a period of six weeks.
A Single Judge Bench of Justice Purushaindra Kumar Kaurav observed that in the cases of Smt. Ram Dulari vs. GNCTD [W.P.(C) 16201/2023], and Narender Kumar vs. The Government of NCT of Delhi [W.P.(C) 5863/2024], the claims were rejected on the ground that they were not performing covid duty rather their duties were routine duties. The Single Judge repelled the submissions of the respondents, noting the state of affairs which prevailed when the Cabinet Decision was taken and the subsequent circular came to be issued, where frontline workers continued to discharge their duties amidst grave personal risk, exposure and uncertainty, so that the life of the community could continue with some semblance of order.
The Bench observed that the opinion of the GoM seems to restrict the operation of the Cabinet decision only to those individuals who were performing specific duties like patient care duties/duty in a containment zone during COVID-19 pandemic/working in COVID designated hospital/special COVID relief work. Such a curtailment is de hors the scheme of the circular and does not, in any manner, bear out from the same.
The Bench explicitly noted that there is no difference between COVID-19 duty and routine duty and any artificial distinction sought to be created, would be arbitrary and unsustainable in the eyes of law. The factum of the death of the deceased remains undisputed that he died due to covid-19, and he was performing covid-19 duty as can be reassured from the statement given by the Deputy Director through the GoM.
Briefly, the petition is filed by Smt. Prem Sheela Kumari, the widow of late Raja Ram Singh, who was admitted in Dr. Ambedkar Hospital, Rohini on May 03, 2021 and expired on May 29, 2021 owing to the COVID-19 disease. The petitioner’s challenge is to the order dated Nov 03, 2023 passed by the Group of Ministers (GoM), denying ex gratia compensation of a sum of Rs. 1 Crore under the Cabinet Decision dated May 13, 2020.
Under a special coronavirus relief initiative named ‘Mukhya Corona Sahayata Yojana’, dry rations were distributed at approximately 550 designated centres across Delhi from April 07, 2020, and the then District Magistrate selected GBSSS, C-Block, Sangam Vihar, Delhi as one of the centres for ration distribution and designated it as a “Hunger Relief Centre”. The deceased, who was working as the Head of School/Vice Principal, was directed to supervise and monitor the distribution of both cooked food and dry ration while adhering to COVID protocols, and despite performing his regular duties and administrative responsibilities, the deceased continued to provide additional services by supervising and monitoring the ration centre operating within the school premises.
In the second phase of the lockdown commencing from April 19, 2021, the deceased diligently fulfilled the duties assigned by the District Magistrate, which included overseeing the distribution of dry rations, coordinating the distribution of mid-day meals within the school, and supervising the operations of the Hunger Relief Centre. On May 02, 2021, while actively engaged in these duties, he contracted the COVID-19 virus, and upon being admitted to Dr. Ambedkar Hospital, Rohini, New Delhi, on May 03, 2021, ultimately succumbed to COVID-19.
The sole reason given by the GoM to deny the entitlement of the petitioner for ex-gratia compensation of Rs. 1 Crore, is that the deceased was performing his routine duty as a HOS/Vice Principal and the case does not relate to covid duty as enunciated in the meeting held on Oct 05, 2023. It remains undisputed that the Deputy Director who had attended the meeting on Sep 13, 2023, clarified that the deceased was deployed at the Centre, which was designated by the District Magistrate, and that he got infected by COVID-19 while performing his duty.
Appearances:
Advocates Prafulla, Divya, Ankur Rana, and Kuldeep Singh, for the Petitioner
Advocates Vaishali Gupta and Kartik Sharma, for the Respondent
