Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
UNION OF INDIA AND ANR – Appellant
Versus
SANGEETA WAHI & ORS – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present appeal has been preferred under Clause X of the Letters Patent Act, 1866 assailing the judgement dated 18.10.2023 passed by the learned Single Judge thereby allowing the underlying writ petition bearing W.P. (C) No. 4912/2021 titled Sangeeta Wahi vs. Union of India & Ors. in favor of the respondent no.1 herein.
2. The facts, shorn of unnecessary details and germane to the issue at hand and collated from the underlying writ petition and the present appeal, are as follows:-
a) The appellant through its Secretary, Department of Health and Family Welfare, Ministry of Health and Family Welfare, Government of India announced ‘Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers fighting COVID-19’ (hereinafter the Scheme) on 30.03.2020.
b) The respondent herein is a widow of a Security Guard deployed in Safdarjung Hospital during Covid-19 pandemic. The appellant no.2/Hospital, issued a permit card to the husband who was deployed by the government to perform essential services during pandemic curfew. The respondent no.1 claims that on 03.06.2020 while on duty at the Main reception of the Out Patient Department (herinafter OPD) at S
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.
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
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 upheld that claims under the Pradhan Mantri Garib Kalyan Package necessitate strict compliance with eligibility and documentation requirements, failure of which results in dismissal.
Private practice of hospital not entitled for compensation under the Mantri Garib Kalyan Package
The court affirmed that requisitioning of medical professionals' services under the Epidemic Diseases Act during COVID-19 is essential for claiming benefits under the Pradhan Mantri Garib Kalyan Yoja....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
