Gufrana Khatoon vs Government Of Nct Of Delhi Through ...
2020 Latest Caselaw 2319 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of decision: 31.07.2020

+      W.P.(C) 4707/2020

       GUFRANA KHATOON                                   ..... Petitioner
                   Through:              Mr. Subhash Chandran KR,
                                         Advocate

                          versus

       GOVERNMENT OF NCT OF DELHI THROUGH
       ITS SECRETARY & ORS.                     ..... Respondents
                     Through: Mr. Shadan Farasat & Mr. Shourya
                              Dasgupta, Advocates for R-1 & 2
                              Mr. Chetan Sharma, ASG with Mr.
                              Anurag Ahluwalia, CGSC and Mr.
                              Abhigyan Siddhant & Mr. Shaurya
                              Jain, Advocates for R-3 to 5/UOI
                              Mr. Saket Sikri, Advocate for R-6

       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

C.M. APPL. 16936/2020 Exemption allowed, subject to all just exceptions. Application stands disposed of.

C.M. APPL. 16937/2020 This application has been filed seeking exemption from filing duly affirmed affidavits and requisite Court fee. Application is disposed of with a direction to the Applicant to file the same within 72 hours from the date of resumption of regular functioning of the Court.

W.P.(C) 4707/2020

1. Hearing has been conducted through Video Conferencing.

2. Petitioner herein was appointed as a Staff Nurse on contractual basis in HAH Centenary Hospital of Hamdard Institute of Medical Sciences and Research (hereinafter referred to as 'Hospital'), Delhi.

3. Grievances raised in the present Petition are manifold, which are extracted herein under:-

"i. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to take appropriate action against Respondent No.6, HAH Centenary Hospital of Hamdard Institute of Medical Sciences & Research (HIMSR) which is an accredited institution under the official Respondents herein, in accordance with law and/or;

ii. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondent No.1 to 3 to formulate a COVID19 Management Protocol for addressing the serious concerns relating to imminent and extreme risks posed to the health and safety of health care workers in the State of NCT of Delhi and/or;

iii. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondent No.1 to 3 to ensure that Covid-19 protection kits are made available to every single health care professional working in the corona isolation wards, or who work in close proximity of patients suspected to the infected with the virus; and/or;

iv. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to ensure the full and timely payment of

salaries to the health care workers in the Private Hospitals and/or;

v. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to ensure that Private Hospitals are not charging or deducting salaries from Health care workers if they get infected Covid-19 while they are on duty and/or;

vi. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to ensure that all health care workers are trained on infection prevention and control (IPC), proper use and disposal of Personal Protection Equipment (PPE) etc; and/or;

vii. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to ensure that adequate and standard nutritious meals, drinking water are provided to the health care workers working in the corona isolation wards;

viii. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondent No.4 & 5 to expand the scope of personal accident cover provided under the „Pradhan Mantri Garib Kalyan Package Health Workers Fighting COVID-19‟ to include all health care workers across sectors, including those recruited on ad-hoc basis."

4. Mr. Ahluwalia Central Government Standing Counsel appearing on behalf of Respondent Nos. 1 and 2 submits that although the prayers are in the nature of a Public Interest Litigation, however, without prejudice to the said contention, in any case the grievance of the Petitioner regarding issuance of PPE Kits and N95 masks already stands redressed. Division

Bench of this Court has passed a detailed order on 24.07.2020 in W.P. (C) No. 3599/2020 titled Distress Management Collective vs. Union of India & Ors in this regard. The order has been shared by the Learned Counsel during the hearing with the Court and the Learned Counsel for the Petitioner. Relevant para of the order is as under:-

"9. With regard to provision of masks, PPE kits etc. to healthcare workers in private facilities, it was also suggested that undertakings be called for from the nursing homes and hospitals in this regard. Looking to averments in the affidavit filed by respondent No.2, it appears that an office order dated 14th July, 2020 has already been issued by the respondent No.2, which is annexed as Annexure-A to the counter affidavit filed by respondent No.2. Paragraph 6 of the said affidavit states as follows:

"6. As regards the third suggestion that all registered hospitals in Delhi irrespective of whether it a designated COVID facility or not, should file an undertaking to the effect that necessary PPE Kits, N-95 masks and other protective equipment is being made available to their staff including nurses, paramedic and house keeping staff, I say that vide Office order dated 14.07.2020 bearing F. No. 295/PF-

1/DGHS/PHW-IV/ COVID19/ WPC3599/ Distress Mgt Coll/2020/5474-5478 issued by DGHS has implemented the said suggestion and directed all registered hospitals both government and private to file requisite undertaking in this regard to Medical Superintendant (Nursing Homes), in Directorate of Health Services, DGHS W.P.(C) 3599/2020 Page 6 of 11 within a period of seven days. A copy of the said Office Order dated 14.07.2020 has been annexed herewith as Annexure A. I say that the concerned branch of the answering respondent shall be monitoring the

issue of provision of PPE equipment to all registered hospital's staff and necessary action shall be taken in case of breach."

In the said office order dated 14th July, 2020, it has been directed that necessary PPE kits and N-95 Masks be made available to all the Government and private nursing homes, doctors, nurses, para-medical staff, house-keeping staff, irrespective of whether they are working in a Covid hospital or not, and in a Covid ward or normal ward, so as to ensure their safety and security. An undertaking has also been called for from the establishments concerned. This would also ensure accountability for compliance with the safeguards mandated by the respondents, and enable the respondent authorities to affix responsibility for the same, if so required."

5. Mr. Ahluwalia has also drawn the attention of this Court additionally to paras 13 and 14 of the said judgement where the Court has also given certain observations/directions with regard to the insurance cover of the health workers working in COVID-19 dedicated hospitals. Relevant paras read as under:-

"13. The next suggestion concerns extension of the insurance scheme provided under the Pradhan Mantri Garib Kalyan Yojana ("the Yojana") to other categories of health workers. Looking into the affidavit filed by the respondent No.1, it appears that the benefit of has been extended to only those categories of healthcare workers, who may be in direct contact with Covid patients. Such persons are covered by the said scheme. The details about the Yojana have been narrated in the affidavit filed by respondent No. 1, wherein a comprehensive personal accident cover of ₹50,00,000/- (Rupees fifty lakhs) has been extended to approximately 22.12 lakh healthcare providers including the community health workers who may have been in direct contact and

care of Covid-19 patients and may be at a risk of being infected. For ready reference, paragraph 3 to 7 of the affidavit filed by respondent No.1 reads as under:

"3. That the Government of India is implementing Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers fighting COVID-19 w.e.f. 30.03.2020, which provides comprehensive personal accident cover of Rs.50 lakh to around 22.12 lakh healthcare providers, including community health workers, who may have to be in direct contact and care of COVID- 19 patients and who may be at risk f being impacted by this.

4. That on account of the unprecedented situation, private hospital staff/retired/volunteer/ local urban bodies/contract/daily wage/ adhoc outsourced staff requisitioned by States/ Central hospitals/ autonomous hospitals of Central/ States/UTs, AIIMS & INIs/ hospitals of Central Ministries can also be drafted for COVID-19 related responsibilities. These cases are also covered under the insurance scheme subject to numbers indicated by this Ministry.

5. That the nurses/health workers working in private nursing homes, who have been requisitioned by States/ Central hospitals/ autonomous hospitals of Central/States/UTs, AIIMS & INIs/ hospitals of Central Ministries are as such, drafted for COVID-19 related responsibilities, and are already covered under the scheme for personal accident cover of Rs. 50 lakh.

7. That the scheme is valid for a specific period only. Initially, it was to be implemented for a period of ninety day from the date of its commencement and the same has further been

extended for another ninety days on existing terms and conditions."

6. Mr. Ahluwalia therefore submits that as far as the Central Government is concerned, the reliefs sought in the present Petition cannot be reagitated as they stand redressed.

7. Mr. Shourya Dasgupta Learned Counsel appearing on behalf of Respondent Nos.1 to 2/GNCTD submits that as far as relief No.1 sought in the present Petition is concerned, the same also stands redressed in as much as the issue of renewal of contracts and salaries was reported in an Article in one of the daily magazines and the Health and Family Welfare Department of Government of NCT of Delhi, has already constituted a Two Member Committee, which is looking into the issue. In fact, he points out that on 17.07.2020 a hearing has taken place wherein both, the Management of the Hospital and Nurses, were called and were heard.

8. Mr. Saket Sikri Learned Counsel who appears on behalf of Respondent No. 6/Hospital reiterates the stand of Mr. Ahluwalia that the reliefs sought are in the nature of Public Interest Litigation. Without prejudice, however, he submits that even before the directions were issued by Division Bench of this Court, Hospital took requisite steps to ensure that PPE kits and N-95 masks are given to the health workers. He additionally points out that in a connected matter being W.P. (C) No. 4419/2020, a detailed affidavit has been filed enumerating the various health measures taken by the Hospital to ensure protection of its Health Workers. Relevant part of the Affidavit is as under :-

"20. That the allegation of the petitioners that they were fighting for PPE kits and N95 masks is incorrect. The Respondent Hospital is perhaps one of the few Hospitals

that is issuing certified 3M N95 masks for single use per shift along with certified PPE kits to every employee including doctors nurses and sanitation workers working in the COVID ward. In addition, the Hospital has also made provisions for issuing 2 PPE kits for the long night duty to staff working in the COVID-19 wards to allow them to take a break in between and change out of their sweaty PPE kits."

9. At this stage, Mr. Subhash Chandran KR Learned Counsel for the Petitioner points out that the salary of the Petitioner has not been paid for the period she has been in quarantine on account of having tested COVID positive.

10. Mr. Sikri however refutes this submission and on instructions, submits that salary of the Petitioner for the period for which she was in quarantine has already been released and there is nothing outstanding towards the Petitioner.

11. In my view, having heard the Learned Counsels for the Respondents and having gone through the directions passed by the Division Bench of this Court, no further orders are required to be passed by this Court in the present petition, except to direct the Hospital to ensure that all safety measures are in place and requisite kits etc. are made available to the health workers. Any outstanding amount towards the Salary of the Petitioner, if not paid, shall be released by the Hospital, forthwith.

12. I would only pen down that Nurses and Doctors are the frontline health workers rendering selfless service in the most unprecedented and challenging times faced by the Nation due to COVID-19. These health

workers are indeed executing a Herculean and incredible task and no words can be apt to applaud them. Exposing themselves to risk and being in an unenviable position, they are dedicatedly serving the Society.

13. Petition is disposed of with the aforesaid observations and directions.

JYOTI SINGH, J

JULY 31, 2020 rd