The Delhi High Court recently comprising of a bench of Justice Prathiba Singh while dealing with a plea moved by the widow of a deceased constable who died during the first Covid-19 wave has observed that the Delhi government cannot “resile” from its announcement to award an ex-gratia payment of Rs 1 crore to the deceased’s kin and the same “can no longer be delayed”. (Pooja vs State Of Gnct Of Delhi & Ors)
Facts of the case
The petitioner Pooja is the young widow of Amit Kumar, a Constable who died on May 5, 2020 due to COVID-19.
The petitioner sought a direction to release the ex gratia amount as promised by the government immediately.
The petitioner moved the petition relying upon the cabinet decision which approved the compensation of Rs1 crore compensation for the death of any person including doctor, nurse, paramedical staff, security/sanitation staff of any other government officer/official, including police official deployed for Covid-19 duties by Delhi government.
As per the decision, the concerned Department/Agency, where the person was employed, will submit the case with their recommendations, enclosing the report of the Death Audit Committee and the report of the Medical Superintendent/In-charge of the Hospital/Medical Institution to the Revenue Department, GNCTD for further processing for payment of the ex-gratia and same shall be put up to Minister (Health), through Minister (Revenue), for the approval of Chief Minister.
Contention of the Parties
Ld. counsel for the Petitioner submitted that the orders issued by the Chief Secretary, Delhi during the COVID-19 pandemic, exercising powers under the Disaster Management Act, 2005 required Delhi Police personnel to be posted for COVID-19 duty across Delhi. Thus, it cannot be argued by the Respondents that the Petitioner’s husband was not on COVID-19 duty. The ld. Counsel for the Petitioner further relied upon the tweet issued by the Chief Minister of Delhi and the Lieutenant Governor of Delhi from official twitter handles.
Mr. Tripathi, ld. ASC submitted that in the present case, as per the aforementioned cabinet decision dated 13th March 2020, a decision can be taken by the Minister of Health through the Minister of Revenue with the approval of the Chief Minister. Accordingly, he prayed that the matter may be sent for consideration to the said Group of Ministers.
Courts Observation and order
The bench at the very outset observed, "The present case requires an empathetic consideration. It is not in doubt that the Petitioner’s husband - Sh. Amit Kumar had died during COVID-19 duty.
Further, there is clear communication and messaging in the public domain via social media which leaves no manner of doubt that the ex gratia amount of Rs.1 Crore was announced for the Petitioner’s Husband. The press clipping to the same effect has been placed on record."
The bench listing the matter to be heard on 2nd February noted, "The Respondents ought not to resile from the clear announcement made for ex-gratia payment. In view of the aforementioned facts and circumstances, the compensation due to the Petitioner can no longer be delayed.
Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated 13th March 2020. The decision taken shall be placed on record by 15th January, 2023. List this matter before Court on 2nd February, 2023."
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