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2023 Supreme(Del) 5946

PRATHIBA M. SINGH
Joseph Varghese – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Manoj V. George, Ms Shilpa Liza George, Mr. KM Vignesh Ram, Mr. Nasib Masih, Advocates, for the Petitioner.
Mr. Anurag Ahluwalia, CGSC, for the Respondent No.1.
Mr Anupam Srivastava, ASC, for GNCTD with Mr Mr Dhairya Gupta, Advocate, for the GNCTD.
Mr. Satyakam, ASC., for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral) - 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



















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