Clarity on the deployment for COVID-19 duty and adherence to the criteria for ex-gratia compensation under the Cabinet Decision are essential for granting compensation.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. In the present case, the Petitioner is the husband of late Smt. Rachel Varghese ('the deceased'), who was working with the Respondent No. 3 Medeor Hospital, Qutub Institutional Area, New Delhi (formerly known as Rockland Hospital) as a Quality Manager in the Blood Bank which is in close proximity of the Intensive Care Unit ('ICU').

3. According to the Petitioner, during the COVID-19 Pandemic, the deceased continuously attended to the duties in the Blood Bank in the Respondent No. 3-Hospital which was notified as a COVID-19 hospital vide order dated 24th May 2020, notified by the Directorate General of Health Services ('DGHS').

4. She developed fever on 10th June, 2020 and unfortunately, passed away on 17th June, 2020, due to COVID-19.

5. Vide the present petition, the Petitioner prays for grant of ex-gratia compensation in terms of the Cabinet Decision No. 2835 dated 13th May, 2020, regarding awarding of compensation to family of employees who die of the disease while on COVID-19 duty. The Cabinet decision is set out below:

"CABINET DECISION NO. 2835 DATED 13.05.2020

Subject: Cabinet Note regarding awarding compensation to family of employees who die of the disease while on COVID 19 duty.

Decision: The Council of Ministers considered the note of Minister (H&FW) and approved that any person including Doctor, Nurse, Paramedical Staff, Security/Sanitation staff or any other Govt Officer/Official, including Police Officer/Official, whether temporary or permanent employee or contractual in Government or Private Sector, deployed for COVID-19 duties by Government of NCT of Delhi, if expires by contracting the disease during discharge of his/her duty, his/her family shall be paid an ex gratia amount of Rupees One Crore, posthumously

The concerned Department/Agency, where the person was employed, will submit the case with their recommendations, enclosing the report of Death Audit Committee and report of Medical Superintendent/In- charge of the Hospital/Medical Institutions to 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 Hon'ble Chief Minister. After approval of Hon'ble Chief Minister ex-gratia amount will be paid by Revenue Department to bona fide beneficiary from Major Head 2235-60-200-62-00-50 other charges."

6. The prayer in this writ petition is for award of ex-gratia compensation of Rs.1 crore. Mr. Manoj Varghese George, ld. Counsel for the Petitioner has made his submissions and has taken the Court through the various documents which have been placed on record wherein the case of the Petitioner's wife was awarded due consideration by the respective Departments of the GNCTD, i.e. Health & Family Welfare and Revenue Department.

7. Reference is specifically made to a reply to an RTI application, dated 29th July 2021, received by the Petitioner wherein the list of persons to whom ex-gratia compensation has been paid is disclosed. The list consists of 17 individuals, which includes a Technical Supervisor at Lok Nayak Hospital, Lab Technician at Hindu Rao and a Lab Technician at Chaudhary Brahm Prakash Ayurved Charak Sansthan (CBPCAS), Delhi.

8. According to the Petitioner, the wife of the Petitioner is similarly placed to these individuals and hence cannot be discriminated. As per the above Cabinet Decision, any person including Doctor, Nurse, Paramedical Staff, Security/Sanitation staff or any other Govt Officer/Official, including Police Officer/Official, whether temporary or permanent employee or contractual in Government or Private Sector, deployed for COVID-19 duties by Government of NCT of Delhi, are also entitled for ex gratia compensation.

9. Upon a perusal of the record, the case of the Petitioner for the payment of Rs.1 crore was processed by the Respondent No. 2-Health Ministry/GNCTD, and a query was rais