IMPORTANT POINT
The court ruled that essential services performed by an Anganwadi worker during the pandemic did not qualify for ex-gratia compensation under the Cabinet Decision for COVID-19 specific duties.

JUDGMENT :

SANJEEV NARULA, J.

1. The Petitioner seeks directions to the Respondents for grant of ex-gratia compensation of INR 1 Crore, as per Cabinet Decision No. 2835 dated 13th May, 2020. This claim arises from the untimely demise of her mother Late Mrs. Seema Khan, an Anganwadi worker who succumbed to COVID-19 on 17th April, 2021, when the pandemic was at its peak. The Petitioner contends that her mother work of distributing ration and participating in immunisation camps which qualified as essential services and falls within the ambit of COVID-19 related duties as provided in the Cabinet Decision. The Respondents have although rejected this claim, stating that Mrs. Khan’s though essential did not meet the criteria as defined in the policy. Aggrieved by this decision, the Petitioner has invoked Article 226 of the Constitution of India. The facts leading up to the filing of the present petition are as follows:

2. The Petitioner’s mother – Late Mrs. Seema Khan was appointed as the Anganwadi worker in 1982. During the peak of the COVID-19 pandemic in March, 2021, she carried out her duties of distribution of ‘Supplementary Nutritional Food’[“SNF”] as an Anganwadi worker under Anganwadi Centre[“AWC”] No. 95 in Delhi.

2.1 On 25th March, 2021, also undertook door to door distribution of ‘Take Home Ration’, in accordance with relevant guidelines. Thereafter, under the aegis of the Child & Development Project i.e. Integrated Child Development Services[“ICDS”], Project Jama Masjid organised an immunization camp for children in AWC from 27th to 29th March 2021, wherein Late Mrs. Seema provided her services on 27th March, 2021, in collaboration with Auxiliary Nurse Midwives[“ANMs”].

2.2 The Petitioner states that her mother actively participated in both the immunization camp and the distribution of essential supplies, fulfilling her role as an Anganwadi worker during the height of the COVID-19 crisis. Unfortunately, Late Mrs. Seema contracted COVID-19 infection and tested positive for the COVID-19 RTPCR test on 6th April, 2021. Despite being admitted to the emergency ward at Lok Nayak Hospital on 7th April, 2021, Mrs. Seema Khan succumbed to the infection on 17th April, 2021 and the primary cause of her death was held to be the COVID-19 infection.

2.3 In light of the above, the Petitioner asserts that as a legal heir of her mother, she is entitled to receive the ex-gratia compensation awarded to the family members of employees as per Cabinet Decision No. 2835 of GNCTD dated 13th May, 2020, which reads as follows: