IMPORTANT POINT
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.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. The Petitioners, namely, Petitioner No. 1-Arpita Ghosh and Abhijeet Ghosh have filed the present petition seeking the release of ex-gratia compensation in terms of the Cabinet Decision No. 2835 dated 13th May, 2020. As per the said decision, the Respondent No. 1-GNCTD had decided to grant Rs.1 crore ex-gratia compensation for the families of individuals who passed away while deployed for COVID-19 duty.

3. The Petitioners are legal heirs/children of Dr. Ujjwal Kumar Ghosh (hereinafter, `the deceased') who was treating COVID-19 patients at Aam Aadmi Mohalla Clinic (`AAMC') situated in Dichaon Kalan, New Delhi. It is stated that the deceased was empanelled as a doctor for the AAMC, Dichaon Kalan on 27th December, 2019, and served until 11th June 2020.

4. Between 21st May 2020, and 11th June 2020 (shortly before his hospitalization), it is stated that the deceased attended to 2689 patients. The deceased tested positive for COVID-19 after undergoing tests on 13th June 2020. The results, confirming their positive status, were received on 14th June 2020. Due to serious health complications the deceased had to hospitalised on 12th June 2020, and on 15th June, 2020 he passed away. The Petitioners have also placed on record the `Certification of Death due to COVID' dated 10th December 2020, wherein it has been stated that the deceased died due to COVID-19.

5. 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.

6. Petitioners are stated to have been regularly following-up for the release of ex-gratia compensation since July 2020. It is stated that the Petitioner's Personal Accident Insurance Claim Form was filed on 13th July 2020, making the Petitioner eligible to receive a claim amount of Rs.50 Lakhs under Pradhan Mantri Garib Kalyan Package (`PMGKP'). They also claimed to have filed a detailed representation dated 29th January 2023 before the Chief Minister seeking the release of the grant of ex-gratia compensation.

7. Thereafter, vide communication dated 15th March 2023, it was informed that the deceased's case for grant of ex-gratia compensation was still pending, and reply was awaited by the Revenue Department, as some documents were required from CDMO, South West District. The said communication reads as follows:

"Sir/Madam,

This is with reference to your representation dated 29 01.2023 regarding subject cited above, received in this office from Dy Secretary (Covid). Department of Health & Family Welfare. GNCTD vide letter bearing F No.76/H&FW/Covid-19/2022/CD#112711152/531-532 dated 15.02.2023. In this regard, it is to inform that the case file of Late Dr Ujjal Kumar Ghosh for grant of ex-gratia of Rs.One Crore was received in this office on 01.04.2022 and a letter dated 27.04.2022 was sent to the CDMO. South West District for seeking some documents in the matter. The reply in this regard is still awaited.

This is for your kind information."

8. It is Petitioners' grievance that despite repeated representations having been made, and the factum of the deceased's service not in dispute, the ex-gratia compensation is not being released.

9. Moreover, the Petitioners' case is that the amount liable to be received by the Petitioners under the Pradhan Mantri Garib Kalyan Package (`PMGKP'), which is also routed through the Delhi Government, has also not been received. The said Scheme provides accident insurance coverage for loss of life due to COVID-19 and accidental death resulting from COVID-19 related duties. The Scheme is also stated to cover various healthcare providers, including community health workers, who are in direct contact with and care for COVID-19 patients, putting them at risk,