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PRATHIBA M. SINGH
Arpita Ghosh – Appellant
Versus
Govt. of NCT of Delhi – Respondent
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
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 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....
Interpretation of the Cabinet Decision No. 2835 and the determination of eligibility for ex-gratia compensation based on COVID-19 duties.
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....
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.
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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