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DELHI HIGH COURT
PRATHIBA M.SINGH
Madhuri Pandey – Appellant
Versus
State of GNCT of Delhi – Respondent
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 No.1 - Madhuri Pandey and Petitioner No.2 - Rukmani Pandey. The Petitioner No.1 is the widow and Petitioner No.2 is the mother of Late Sh. Shesh Mani Pandey, ASI, Delhi Police who expired on 30th May, 2020 due to COVID-19. The Petitioners have 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 to the petitioners and declare the letter dated 07.10.2020 null and void as it is arbitrary and lacks equity.
(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 orders(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 and order are as follows:
"CABINET DECISION NO. 2835 DATED 13.03.2020
Subject: Cabinet Note regarding awarding compensation to family of employees who die of the diseas
The court affirmed the entitlement of ex-gratia compensation for police personnel who die while on COVID-19 duty based on cabinet decisions and required timely processing of claims.
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.
The central legal point established in the judgment is the eligibility for compensation under the Cabinet decision for employees who die of the disease while on COVID-19 duty, emphasizing the nature ....
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....
Healthcare providers, including doctors, are entitled to ex-gratia compensation for COVID-19 duty as per the Cabinet Decision, and the entitlement should be promptly honored.
Government policies providing ex-gratia compensation to frontline workers during a pandemic must be interpreted liberally. Distinguishing between routine and emergency duties to deny benefits is arbi....
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.
Interpretation of the Cabinet Decision No. 2835 and the determination of eligibility for ex-gratia compensation based on COVID-19 duties.
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