PRATHIBA M. SINGH
Pooja – Appellant
Versus
State of GNCT of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.
2. The present writ petition has been filed on behalf of the petitioner who is the wife of late Constable Amit Kumar who died on account of COVID-19 on 5th May, 2020.
3. Vide Cabinet Decision No.2835 dated 13th May 2020, the GNCTD decided that any person including doctors, nurses, paramedical staff, etc. who is deployed for COVID-19 duties, if expires by contracting the COVID-19 during discharge of the duty, their family shall be paid an ex-gratia amount of Rs.1 crore.
4. Ld. Counsel for the petitioner relies upon a tweet by the Chief Minister of Delhi wherein the Petitioner's husband's contribution during COVID-19 was noticed, and it was announced that his family would be given an ex-gratia amount of Rs.1 crore.
5. The Petitioner submits that the said amount has not been given, even one year after the said tweet. Accordingly, the present petition was filed seeking a writ of mandamus directing the Respondents to release the aforesaid ex gratia amount of Rs.1 crore as promised by them.
6. Vide order dated 14th December 2022, it was directed as follows:
"5. Ld. counsel for the Petitioner submits that the
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....
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.
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 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....
The court affirmed the entitlement of ex-gratia compensation for police personnel who die while on COVID-19 duty based on cabinet decisions and required timely processing of claims.
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.
Interpretation of the Cabinet Decision No. 2835 and the determination of eligibility for ex-gratia compensation based on COVID-19 duties.
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....
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.
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