IMPORTANT POINT
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 determining whether the deceased was deployed for COVID-19 duty.

JUDGMENT

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

2. In the present petition, release of ex-gratia compensation on account of COVID-19 is sought by the Petitioner-Sangeeta Sharma. The case of the Petitioner is that she is the widow of late Shri Sundeep Kumar Sharma (hereinafter, `the deceased') who was a Delhi Subordinate Accounts Service Cadre Officer working with Respondent No.4 - Centralized Accident Trauma Services (`CATS').

3. It is stated that the deceased was an Accounts Officer posted in CATS since 1st January 2018, and took on the additional role of Administrative Officer/Head of Office from 8th February 2020. He was posted as the Administrative Officer and Head of Office of CATS in addition to his normal duties.

4. The deceased was stated to have been discharging his duties when he was found to be COVID-19 positive on 14th/15th June, 2020. Thereafter, he passed away on 3rd July, 2020 due to Covid. The deceased is survived by his wife and a daughter.

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 is 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. Upon the demise of her husband, the Petitioner sought the said ex-gratia amount from the GNCTD on 6th July 2020. Along with her application she placed on record a communication dated 7th July 2020, issued by CATS, wherein it was stated that the deceased contracted COVID-19 while on duty at CATS, and thus the situation warranted the consideration of granting an ex-gratia compensation of Rs.1 crore to his family.

7. Vide communication dated 2nd November 2020, the Respondent - SDM-II (HQ) stated that the deceased's case did not fall within the provisions of Cabinet Decision No. 2835 dated 13th May, 2020. It was stated that the deceased individual was performing his regular duties as assigned, rather than being deployed for COVID-19 duty, which was a mandatory condition for eligibility for the ex-gratia grant of Rs.One Crore.

8. Thereafter, the Petitioner filed an appeal dated 4th December 2020 against the above communication before the Lieutenant Governor of Delhi. The said appeal was disposed of vide communication dated 26th March 2021. In the said communication, it was stated that the case of the deceased again presented before the GoM, but the approval for grant of ex-gratia compensation to the Petitioner was once again rejected. The said communication reads as follows:

"Sir,

With reference to your U.O. No. 49(1)/21RN/79/A-632 dated 03.03.2041, am directed I to inform that the above cited case was examined and Hon'ble Minister (Revenue) took a view that the case is not found covered under the Cabinet Decision No.2835 dated 13.05.2020, as the deceased was performing his routine duty assigned to him and was not deployed for COVID-19 duty which is a mandatory condition to become eligible for grant of Ex-gratia of Rs.One Crore; and the same was conveyed to the Administrative Department i.e. CATS.

The application of Smt. Sangeeta Sharma dated 04.12.2020 forwarded by your office vide Diary No. 32689 dated 08.12.2020 was again put up and as there was no change in the facts, the case is not covered for grant of Ex-gratia."

9. The Petitioner then filed the present petition aggrieved by the above communications issued by the Respondent. Notice was issued in this petition on 25th May 2021. On 1st February 2023, it was noted that the matter was pending before the Government to consider as to what would constitute `COVID duty' in terms of Cabinet Decision No. 2835 dated 13th May 2020.

10. In their reply affidavit dated 1st July 2021, the Respondent-GNCTD stated that the deceased was performing his routine duties, and was not specifically deployed for COVID-19 duty, which was a mandatory condition under the Cabinet Decision for eligibility