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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDER KUMAR UPADHYAY, TUSHAR RAO GEDELA
Girija Devi – Appellant
Versus
State Of Gnct Of Delhi Through Its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. eligibility for ex-gratia compensation (Para 2 , 4 , 8) |
| 2. duties during covid-19 must be considered (Para 5 , 10 , 18) |
| 3. welfare policy interpretation (Para 7) |
| 4. broad interpretation of welfare schemes (Para 12 , 19) |
| 5. order for processing compensation claim (Para 21 , 22) |
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present Letters Patent Appeal has been filed challenging the order dated 28.11.2024 passed by the learned Single Judge whereby the writ petition bearing W.P.(C) 15278/2024 titled “Girija Devi vs. The State of GNCT of Delhi, Through The Chief Secretary & Ors.” filed by the appellant was dismissed, holding that the deceased husband of the appellant was not on covid duty at the relevant time and thus, disentitling her from ex-gratia compensation.
2. Briefly, the case of the appellant is that the appellant’s husband, Late Mr. Shivnath Prasad had joined the services of GNCT of Delhi as Assistant Teacher on 05.05.1993 and at the relevant time, was rendering services as the Principal of the MCD Primary Boy’s School, Nithari No.2/II. On 25.03.2020, a nationwide lockdown due to COVID-19 pandemic was announced. Keeping in view the nature of the pandemic, and having regard
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 definition of health workers under welfare schemes must be interpreted broadly to include all staff in direct contact with patients during the COVID-19 pandemic.
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....
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 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.
A deceased government employee who succumbed to COVID-19 while on duty should be recognized as a Covid-19 Warrior under the government's guidelines, and the rejection of entitlement based on contradi....
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