IMPORTANT POINT
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-gratia compensation.

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 orders issued by the Chief Secretary, Delhi during the COVID-19 pandemic, exercising powers under the Disaster Management Act, 2005 required Delhi Police personnel to be posted for COVID-19 duty across Delhi. Thus, it cannot be argued by the Respondents that the Petitioner's husband was not on COVID-19 duty. The ld. Counsel for the Petitioner further relies upon the tweet issued by the Chief Minister of Delhi and the Lieutenant Governor of Delhi from official twitter handles.

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7. The present case requires an empathetic consideration. It is not in doubt that the Petitioner's husband - Sh. Amit Kumar had died during COVID-19 duty.

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8. Further, there is clear communication and messaging in the public domain via social media which leaves no manner of doubt that the ex gratia amount of Rs.1 Crore was announced for the Petitioner's Husband. The press clipping to the same effect has been placed on record.

9. The Respondents ought not to resile from the clear announcement made for ex-gratia payment. In view of the aforementioned facts and circumstances, the compensation due to the Petitioner can no longer be delayed.

10. Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated 13th March 2020. The decision taken shall be placed on record by 15th January, 2023"

7. On 4th September 2023, ld. ASC submitted that the GoM meeting to consider grant of COVID-19 ex-gratia compensation was scheduled for 13th September 2023.

8. In the GoM dated 13th September, 2023, a decision has been taken and the case of the Petitioner for ex-gratia payment has been deferred. The said recommendation reads as follows: