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.

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 to the fact that essential services have to continue, both the Central as well as the State Governments had passed orders and directions to their employees to render services which were felt by the Government necessary and expedient to discharge. Keeping in view the nature of the pandemic and the large number of deaths being caused on that count, the GNCTD through a Cabinet decision no.2835 dated 13.05.2020 rolled out a scheme that if any person who is a government officer/official deployed for COVID-19 duties expires by contracting the disease during discharge of his/her duties in relation thereto, his/her family will be paid an ex-gratia amount of Rs.1 crore, posthumously.

3. By the letter dated 13.04.2021, the Department of Education under the administrative control of the erstwhile North Delhi Municipal Corporation, issued an Office Order stating, inter alia, that, “all the DDEs and ADEs will ensure that all the offices of the Education Department shall function with officers of the level of Grade 1/Equivalent and above to theextent of 100% strength. The remaining staff will attend up to 50% in all caders, the percentage of attendance on a day shall be 50% of the total strength/cader wise (remaining 50% of the staff will work from home) till 30.04.21 or till further order, whichever is earlier...”.

4. It is the case of the appellant that her husband was deployed for discharging various duties including COVID-19 related duty during the said period. The appellant claims that her late husband tested for COVID and was found positive on 24.04.2021 which, according to her, was contracted during his period of discharge of COVID-19 related duties in the school he was attached to. It is claimed that on 25.04.2021, the late husband of the appellant was admitted to Navjeevan Hospital, Pitampura, Delhi due to severe breathlessness, and unfortunately, he passed away at the aforesaid hospital on 28.04.2021 on account of having been infected with novel corona virus.

5. In accordance with the aforesaid Cabinet decision dated 13.05.2020, the appellant submitted an application seeking ex-gratia amount as stipulated, on the premise that her late husband had passed away on account of contracting corona virus while discharging duties relatable to COVID-19 duties. In the interregnum, it appears that the file of the deceased husband of the appellant was being processed in the Revenue Department of the GNCTD. By the letter dated 17.08.2021, the Sub-Divisional Magistrate [hereinafter referred to as “SDM-II (HQ)”] requested the Deputy Commissioner (Labour) of the NDMC that in respect of the grant of ex- gratia amount of Rs.1 crore to the family of Late Mr. Shivnath Prasad,documents other than those already furnished were required seeking, inter alia, (i) report of Death Audi