Waheeda Rehman vs Government Of National Capital ...
2020 Latest Caselaw 1722 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   W.P. (C) No. 2990/2020, C.M. Appln.No.10364-67/2020
    WAHEEDA REHMAN                                ..... Petitioner
                      Through: Ms. Payal Bahal, Advocate

                         versus

      GOVT. OF NATIONAL CAPITAL TERRITORY
      OF DELHI AND OTHERS.                      ..... Respondents
                    Through: Mr. Satyakam, Additional Standing
                             Counsel for the respondents.

      CORAM:
      HON'BLE MS. JUSTICE ASHA MENON
                      ORDER

      %               24.04.2020
      C.M.    Appln.    No.10366/2020      (exemption)  &     C.M.

Appln.No.10367/2020 (under Section 129 read with Section 151 CPC for exemption) in W.P. (C) No. 2990/2020 Exemption allowed subject to all just exceptions. Applications stand disposed of.

W.P. (C) No. 2990/2020, C.M. Appln.No.10364/2020 (Order 39 Rule 1 & 2 CPC) C.M. Appln.No.10365/2020 (under Section 80 of the CPC)

1. This petition has been filed by the petitioner who is a Nurse employed in the Lok Nayak Jai Prakash Narain Hospital, which has been declared as a COVID-19 Hospital. The petitioner's concern is that since she is diagnosed with "kidney atrophy" leaving her with only one functional kidney, she is medically in the high risk category and susceptible and vulnerable to COVID-19 infection with serious consequences to her life.

2. Ms. Payal Bahal, learned counsel for the petitioner submits that the petitioner is not running away from her obligation to serve patients at the same Hospital , and only prays that she be assigned duties with non- COVID-19 patients, for instance at the Sushruta Trauma Centre.

3. Mr. Satyakam, learned counsel for the Respondent / GNCT of Delhi submits that the petitioner has moved this court before approaching the concerned authorities disclosing her problems and giving an opportunity to the Hospital to assign her with other duties. Ld. Counsel assures that such a request may have been considered favourably by the Medical Director himself, but instead she sent two legal notices after proceeding on leave on 13.04.2020.

4. After hearing the submissions of both the sides, the petitioner is directed to submit a representation before the Medical Director Lok Nayak Jai Prakash Narain Hospital forthwith and on receipt of such representation, so made by the petitioner, the Medical Director shall dispose of the same immediately and favourably, so that in this time of emergency and severe staff crunch, the petitioner's services could be utilised to take care of other patients at the hospital. For the said purpose, the petitioner shall present herself before the Medical Director at 10 am on 25.04.2020.

5. The present petition and pending applications are disposed of.

6. The Court Master to forward a copy of this order to counsel for both the sides by emails.

ASHA MENON, J APRIL 24, 2020 pkb