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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vipin Sanghi, Navin Chawla, JJ.
Dr Vidyottma Jha - Appellant
Versus
Govt Of Nct Of Delhi & Anr. - Respondents
W.P.(C) 5886/2021
Decided On : 05-04-2022
Mandamus - Ex gratia compensation for Covid-19 victims - The court held that it is not for the court to direct payment of ex gratia compensation to all families of Covid-19 victims as the government had already formulated a uniform policy for such compensation. The petitioner had also given up the prayers for ex gratia compensation in the petition. Therefore, the court disposed of the matter.
Fact of the Case:
The petitioner sought writs of mandamus to direct the government to provide ex gratia compensation to all families of Covid-19 victims and to formulate proper policy and guidelines for the same. The petitioner also sought social security and rehabilitation for Covid-19 victims.
Finding of the Court:
The court found that the government had already formulated a uniform policy for ex gratia compensation to the kin of the deceased who died due to Covid-19. The petitioner had given up the prayers for ex gratia compensation, and therefore, nothing further survived in the matter.
Issues: The issues involved the direction for ex gratia compensation to all families of Covid-19 victims, formulation of proper policy and guidelines, and social security and rehabilitation for Covid-19 victims.
Ratio Decidendi: The court held that it is not for the court to direct payment of ex gratia compensation to all families of Covid-19 victims as the government had already formulated a uniform policy for such compensation. The petitioner had also given up the prayers for ex gratia compensation in the petition.
Final Decision: The court disposed of the matter, finding that nothing further survived in the case.
ORDER
1. This petition has been preferred to seek the following reliefs.
"(i) Issue Writ of Mandamus or order or direction of the similar nature thereby directing the Respondents to provide Ex gratia compensation Rs.1 crore to all families whose members have died due to Covid-19 virus or due to post Covid infections within one month of recovering from Covid without any discrimination, and,
(ii) Issue Writ of Mandamus or order or direction of the similar nature thereby directing the Respondents to formulate proper policy and guidelines for providing Ex gratia payment or compensation to all families whose members have died due to Covid-19 virus or due to post Covid infections within one month of recovering from Covid without any discrimination, and,
(iii) Issue Writ of prohibition or order or direction of the similar nature thereby prohibiting the Respondents to stop paying compensation Rs.1 crore to the families of selected persons only merely on the basis of pick and choose without any guidelines, and,
(iv) Issue Writ of Mandamus against the Respondents to provide social security and rehabilitation to victims of Covid 19 Victims, and,
(v) Pass any other Order or Direction as this Hon'ble Court deems fit and proper under the facts and circumstances of the above case. "
2. In our view, it is not for this Court to direct payment of ex gratia compensation of Rs. 1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex gratia compensation to the kin of the deceased who died due to Covid-19 Pandemic. Since a policy has been framed which is reflected from the order dated 27.07.2020 placed on record by the respondent with its short affidavit, the remaining third prayer also stands addressed. We may note that by the order dated 27.08.2021, the petitioner has already given up the prayers (i) and (ii).
3. In the light of the aforesaid, nothing further survives in this matter. The same stands disposed of.
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