SUBRAMONIUM PRASAD
Nishu Jain – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
1. The Petitioner has approached this Court for a direction to the Respondents to release the compensation for which the Petitioner is entitled to under the Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana (in short `MCPASY').
2. Material on record discloses that the husband of the Petitioner, Vikash Jain, contracted fever on 19.04.2021. It is stated that he tested negative in the RT PCR test. However, since there was no improvement in his fever, he underwent a CT scan of the chest on 22.04.2021 and his CTSS was 10/25.
3. It is stated that since the husband of the Petitioner had breathing difficulty, on 25.04.2021 he was admitted in the Sardar Patel COVID Care Centre (SPCC) at Radha Soami Satsang Beas, Chhatarpur, Delhi and was discharged at midnight on 26.04.2021. On 27.04.2021, he was admitted to the Pulse Hopital, Kotputli and was then taken to Eternal Hospital, Jaipur on 28.04.2021. It is stated that he tested positive for COVID-19 on 28.04.2021. He also underwent a second CT Scan of the chest and his CTSS was 25/25. It is stated that the husband of the Petitioner was admitted to Eternal Hospital, Jaipur on 28.04.2021 and he never recovered completely and passed away
The central legal point established in the judgment is the interpretation of eligibility criteria for COVID-19 related deaths under the MCPASY Scheme and relevant guidelines, leading to the entitleme....
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
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 main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
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