Full Text
HIGH COURT OF DELHI
Date of Decision: 21st September, 2023
POOJA ..... Petitioner
Through: Mr Anand Prakash Sharma, Advocate. (M:9810437386).
Through: Mr. Satyakam ASC, (M:9868219633)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed on behalf of the petitioner who is the wife of late Constable Amit Kumar who died on account of COVID-19 on 5th May, 2020.
3. Vide Cabinet Decision No.2835 dated 13th May 2020, the GNCTD decided that any person including doctors, nurses, paramedical staff, etc. who is deployed for COVID-19 duties, if expires by contracting the COVID-19 during discharge of the duty, their family shall be paid an exgratia amount of Rs. 1 crore.
4. Ld. Counsel for the petitioner relies upon a tweet by the Chief Minister of Delhi wherein the Petitioner’s husband’s contribution during COVID-19 was noticed, and it was announced that his family would be given an ex-gratia amount of Rs.[1] crore.
5. The Petitioner submits that the said amount has not been given, even one year after the said tweet. Accordingly, the present petition was filed seeking a writ of mandamus directing the Respondents to release the aforesaid ex gratia amount of Rs.[1] crore as promised by them.
6. Vide order dated 14th December 2022, it was directed as follows:
7. On 4th September 2023, ld. ASC submitted that the GoM meeting to consider grant of COVID-19 ex-gratia compensation was scheduled for 13th September 2023.
8. In the GoM dated 13th September, 2023, a decision has been taken and the case of the Petitioner for ex-gratia payment has been deferred. The said recommendation reads as follows:
1. Name and designation of deceased Constable Amit Kumar Department Delhi Police Place of Duty PS Bharat Nagar, New Delhi District Order regarding assignment of COVID related duties As per certificate issued by Dy. Commissioner of Police, North West District, “the deceased Ct. Amit Kumar, No. 2295/NW, PIS No 28107401 was performing field duty in PS Bharat Nagar, North West Distt. During the period of lockdown, he was deployed for ensuring the lockdown guidelines in exposed areas of Containment Zones and around Deep Chand Bandhu Hospital where a number of persons and patients of COVID-19+ were visiting, which were very high risk zones. The case was placed before the GoM in the meeting held on 13.01.2023 and clarification was sought from Delhi Police and reply was received from Delhi Police vide letter dated 07.03.2023 that, “it has been found that Const. Amit Kumar NO. 2295/NW PIS No. 28107401 was performing field duty in PS Bharat Nagar, North-West Distt. in addition to collator. During the period of lockdown police personnel performing duties like Naib Court, 5B, Collator etc. were deployed for ensuring the lockdown guidelines in PS Bharat Nagar exposed areas of Containment Zones and around Deep Chand Bandhu Hospital. As such a police personal can be deployed where needed as he is bound to work 24X[7]. It is hereby clarified that the brief Incident Report was issued just to reveal that the deceased was on duty and was posted at PS Bharat Nagar, North- West District. However, the detailed certificate informing the clear picture was sent by DCP/NW about the deployment of late Const. Amit Kumar No. 2295/NW during the period of lockdown for ensuring the lockdown guidelines in exposed areas of Containment Zones and around Deep Chand Bandhu Hospital where a number of persons and patients of COVID-19 Positive were visiting. Hence, the financial compensation of Rs. 1 Crore may be sanctioned in favour of the family of Late Const. Amit Kumar No. 2295/NW.” department to ascertain the above mentioned contentions. In the absence of appropriate document, it was difficult for the GoM to decide the case of Late Constable Amit Kumar. Therefore, the GoM has directed that the police department may be requested to provide the contemporaneous general diary/departure report etc. in r/o Amit Kumar as a proof of deployment for ensuring the above contentions on or before 15.09.2023. After receipt of the same, the matter may be submitted to GoM for decision. Last duty performed 05.05.2020 Date of covid positive Date of Death Certification by the death audit committee Certificate is given by Death Audit Committee.
9. Considering the background of this case and the fact that the Petitioner’s case has been repeatedly rejected, as has been recorded repeatedly in the previous orders, list for hearing on 17th October, 2023 as Item 1. PRATHIBA M. SINGH JUDGE SEPTEMBER 21, 2023/dk/dn