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.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The Petitioner - Pooja is the young widow of Late Sh. Amit Kumar, Constable, Delhi Police who expired on 5th May, 2020 due to COVID-19. The Petitioner has filed the present petition with the following prayers:

"(i) Issue an appropriate writ(s) in the nature of Mandamus to the respondents to release the ex-gratia amount as promised by them immediately and keep their word to the petitioner who is the wife of the deceased Sh Amit Kumar.

(ii) Issue such appropriate writ(s) as this court may deem fit and proper in the facts and circumstances of the case:

(iii) Pass such further or other order(s) as this court may deem fit and proper in the interest of justice."

3. The Petitioner has filed the present petition relying upon the cabinet decision dated 13th May, 2020. The said decision is as follows:

"CABINET DECISION NO. 2835 DATED 13.03.2020

Subject: Cabinet Note regarding awarding compensation to family of employees who die of the disease while on COVID-19 duty.

Decision: The Council of Ministers considered the note of Minister (H&FW) and approved that any person including Doctor, Nurse, Paramedical Staff, Security/Sanitation staff of any other Govt. Officer/Official, including Police Office/Official, whether temporary or permanent employee or contractual, in Government or Private Sector, deployed for COVID-19 duties by Government of NCT of Delhi, if expires by contracting the disease during discharge of his/her duty, his/her family shall be paid an ex gratia amount of Rupees One Crore, posthumously.

The concerned Department/Agency, where the person was employed, will submit the case with their recommendations, enclosing the report of Death Audit Committee and report of Medical Superintendent/In-charge of the Hospital/Medical Institutions to Revenue Department, GNCTD for further processing for payment of the ex-gratia and same shall be put up to Minister (Health), through Minister (Revenue), for the approval of Hon'ble Chief Minister. After approval of Hon'ble Chief Minister ex-gratia amount will be paid by Revenue Department to bona fide beneficiary from Major Head 2235-60-200-62-00-50-other charges."

4. The present is a hard case where the Petitioner was expecting her child at the time when her husband, a young Delhi Police Constable passed away while he was posted at Deep Chand Bandhu Hospital, Delhi to ensure adherence to COVID-19 lockdown measures. It was in this background, this Court vide order dated 18th August, 2022 had come to a prima facie conclusion to the following effect:

"2. The Court has also taken note of the certificate which had been issued by the Deputy Commissioner of Police which had clearly and unequivocally recorded that the husband of the petitioner was, at the relevant time, posted to ensure adherence of COVID-19 lockdown measures in the area in and around Deep Chand Bandhu Hospital. The certificate issued by the Deputy Commissioner of Police further refers to the fact that the deceased constable appears to have contracted COVID-19 upon coming in contact with patients who were visiting or had been admitted in the aforesaid hospital.

3. As is evident from the Cabinet decision which has been referred to above, police personnel were also covered under the policy of grant of exgratia compensation. All that was required was for such claims establishing that the concerned police personnel had expired due to contracting the disease in the due discharge of their duties.

4. Prima facie, therefore, the stand as taken by the respondents would not sustain. Learned counsel appearing for the respondents prays for time to seek better instructions."

5. Ld. counsel