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SANJEEV NARULA
Subata Khan – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
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 Anganwad
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.
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.
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and....
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 court established that the families of employees who died while performing their duties during the COVID-19 pandemic are entitled to ex-gratia compensation as per the relevant regulations, reinfo....
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....
Welfare schemes, like the COVID-19 ex-gratia compensation, must be interpreted broadly to fulfill their intended purpose and benefits for the deceased's family.
The court ruled that the deceased was on disaster management duty at the time of the accident, establishing entitlement to Ex-Gratia compensation under the relevant government notification.
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