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PRATHIBA M. SINGH
Rakhi Bhisht – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Ms. Rakhi Bhisht seeking ex-gratia compensation of Rs.1 crores upon the death of her husband who died on 13th June, 2020 due to COVID-19. The husband of the Petitioner-Mr. Vivek Kumar Bhisht was working in St. Stephen's Hospital, Delhi as Prosthetist cum Orthotist Gr. I, with employee bearing Number 6684. He was posted in the said hospital since 1998.
3. The said hospital was declared as COVID-19 hospital during the pandemic on 24th May 2020 and all medical and para-medical staff was directed to attend to the hospital duties during the said period.
4. In the meantime, vide Cabinet Decision No. 2835 dated 13th May 2020, the GNCTD decided that if any person including doctors, nurses, paramedical staff, etc., who are deployed for COVID-19 duties, expires by contracting the COVID-19 during discharge of the duty, their family shall be paid an ex-gratia amount of Rs.1 crore.
5. The Petitioner contacted COVID-19 during the pandemic period and passed away on 13th June, 2020. The ex-gratia payment was then sought by the Petitioner in terms of the Cabine
Interpretation of the Cabinet Decision No. 2835 and the determination of eligibility for ex-gratia compensation based on COVID-19 duties.
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.
The central legal point established in the judgment is the interpretation of the eligibility criteria for ex-gratia compensation under Cabinet Decision No. 2835 dated 13th May 2020, specifically in d....
Healthcare providers, including doctors, are entitled to ex-gratia compensation for COVID-19 duty as per the Cabinet Decision, and the entitlement should be promptly honored.
The main legal point established in the judgment is the requirement of documentary evidence to ascertain deployment for COVID-19 duty and the empathetic consideration of cases involving promised ex-g....
Government policies providing ex-gratia compensation to frontline workers during a pandemic must be interpreted liberally. Distinguishing between routine and emergency duties to deny benefits is arbi....
The central legal point established in the judgment is the eligibility for compensation under the Cabinet decision for employees who die of the disease while on COVID-19 duty, emphasizing the nature ....
The government is obligated to honor its commitment to provide ex gratia payment of Rs. 1 Crore to families of employees who contracted COVID-19 while on duty.
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