Sangeeta Sharma v. GNCT of Delhi

1. This hearing has been done through hybrid mode.

2. In the present petition, release of ex-gratia compensation on account of COVID-19 is sought by the Petitioner-Sangeeta Sharma. The case of the Petitioner is that she is the widow of late Shri Sundeep Kumar Sharma (hereinafter, ‘the deceased’) who was a Delhi Subordinate Accounts Service Cadre Officer working with Respondent No.4 - Centralized Accident Trauma Services (‘CATS’).

3. It is stated that the deceased was an Accounts Officer posted in CATS since 1st January 2018, and took on the additional role of Administrative Officer/Head of Office from 8th February 2020. He was posted as the Administrative Officer and Head of Office of CATS in addition to his normal duties.

4. The deceased was stated to have been discharging his duties when he was found to be COVID-19 positive on 14th /15th June, 2020. Thereafter, he passed away on 3rd July, 2020 due to Covid. The deceased is survived by his wife and a daughter.

5. In the meantime, vide Cabinet Decision No. 2835 dated 13th May 2020, the GNCTD decided that if any person including doctors, nurses, paramedical staff, etc. who is deployed for COVID-19 duties, expires by contracting the COVID-19 during discharge of the duty, their family shall be paid an ex-gratia amount of Rs. 1 crore.

6. Upon the demise of her husband, the Petitioner sought the said exgratia amount from the GNCTD on 6th July 2020. Along with her application she placed on record a communication dated 7th July 2020, issued by CATS, wherein it was stated that the deceased contracted COVID- 19 while on duty at CATS, and thus the situation warranted the consideration of granting an ex-gratia compensation of Rs. 1 crore to his family.

7. Vide communication dated 2nd November 2020, the Respondent - SDM-II (HQ) stated that the deceased’s case did not fall within the provisions of Cabinet Decision No. 2835 dated 13th May, 2020. It was stated that the deceased individual was performing his regular duties as assigned, rather than being deployed for COVID-19 duty, which was a mandatory condition for eligibility for the ex-gratia grant of Rs. One Crore.

8. Thereafter, the Petitioner filed an appeal dated 4th December 2020 against the above communication before the Lieutenant Governor of Delhi. The said appeal was disposed of vide communication dated 26th March

2021. In the said communication, it was stated that the case of the deceased again presented before the GoM, but the approval for grant of ex-gratia compensation to the Petitioner was once again rejected. The said communication reads as follows: “Sir, With reference to your U.O. No. 49(1)/21RN/79/A-632 dated 03.03.2041, am directed I to inform that the above cited case was examined and Hon’ble Minister (Revenue) took a view that the case is not found covered under the Cabinet Decision No.2835 dated 13.05.2020, as the deceased was performing his routine duty assigned to him and was not deployed for COVID-19 duty which is a mandatory condition to become eligible for grant of Ex-gratia of Rs. One Crore; and the same was conveyed to the Administrative Department i.e. CATS. The application of Smt. Sangeeta Sharma dated 04.12.2020 forwarded by your office vide Diary NO. 32689 dated 08.12.2020 was again put up and as there was no change in the facts, the case is not covered for grant of Ex-gratia.”

9. The Petitioner then filed the present petition aggrieved by the above communications issued by the Respondent. Notice was issued in this petition on 25th May 2021. On 1st February 2023, it was noted that the matter was pending before the Government to consider as to what would constitute ‘COVID duty’ in terms of Cabinet Decision No. 2835 dated 13th May 2020.

10. In their reply affidavit dated 1st July 2021, the Respondent- GNCTD stated that the deceased was performing his routine duties, and was not specifically deployed for COVID-19 duty, which was a mandatory condition under the Cabinet Decision for eligibility for the Rs. One Crore ex-gratia grant. The said Cabinet Decision reads as follows: “Subject: Cabinet Note regarding awarding compensation to family of employees who die of the disease while on COVID 19 duty. Decision: The Council of Ministers considered the note of Minister (H&FW) and approved that any person including Doctor. Nurse, Paramedical Staff, Security/Sanitation staff or any other Govt. Officer/Official, including Police Officer/Official, whether temporary or permanent employee or contractual, in Government or Private Sector, deployed for COVID-19 duties by Government of NCT of Delhi, if expires by contracting the disease during discharge of his/her duty, his/her family shall be paid an ex gratia amount of Rupees One Crore, posthumously. The concerned Department/Agency, where the person was employed, will submit the case with their recommendations, enclosing the report of Death Audit Committee and report of Medical Superintendent/In-charge of the Hospital/Medical {Institutions to Revenue Department, GNCTD for further processing for payment of the ex-gratia and sane shall be put up to Minister (Health), through Minister (Revenue), for the approval of Hon'ble Chief Minister. After approval of Hon'ble Chief Minister ex-gratia amount will be paid by Revenue Department to bona fide beneficiary from Major Head 2235-60- 200-62-00-50-other charges.”

11. On 28th March, 2023, it was directed that the matter requires consideration, and the same was directed to be placed before the Group of Ministers (‘GoM’). Thereafter, the matter has been adjourned on few occasions to enable the GoM to take its decision. On 4th September 2023, ld. ASC submitted that the GoM meeting to consider grant of COVID-19 exgratia compensation was scheduled for 13th September 2023.

12. Today, Mr. Satyakam, ld. ASC has reported that the GoM has met on 13th September, 2023 and recommended the case for grant of ex-gratia payment. The decision of the GoM is set out below:

13. Name and designation of deceased Sh. Sundeep Kumar Sharma Accounts Officer This case was earlier rejected by the Hon’ble Minister (Revenue) considering that the deceased was performing his normal routine duties. The wife of the deceased filed a case in Hon’ble High Court and as per directions of the Hon’ble High Court, the case of Late Sh. Sundeep Kumar Sharma was placed before the Group of Ministers in the meeting. The representatives of CATS also attended the meeting and submitted the order No.03 dated 18.04.2020 read with order No.18 dated 19.02.2019 issued by CATS in support of deployment for Covid duty and futher submitted that Late Sh. Sundeep Kumar Sharma played a crucial role in transportation of COVID-19 infected/suspected patients from home to hospitals and hospital to their home in CATS ambulances. He was involved in inspection of ambulances, arrangement of medical/non-medical consumables and frequently visited CATS Control Room to supervise the staff deployed on ambulances who were directly involved in management of COVID infected patients. More that 50% staff of CATS got infected with COVID-19 during the pandemic along with the said officer who was expired on 03.07.2020. The Group of Ministers noted that the official was involved directly with the staff deployed for Ambulances to transport Covid-19 patients and was under the high risk of infection by Covid-19 and expired due to Covid-19 while working on duty. Therefore, his duty is considered as Covid duty. Accordingly, the Group of Ministers unanimously recommended the case for grant of ex-gratia amount of Rs. One Crore to the family members of the deceased in the prescribed ratio. Department Centralised Accident and Trauma Services (CATS) Place of Duty Centralised Accident and Trauma Services (CATS) Order regarding assignment of COVID related duties As per Note of Administrative Department, Sh. Sundeep Kumar Sharma, A.O./DDO, CATS, was also looking after the charge of Admn. Officer/Head of Office, CATS w.e.f. 08.02.2020 to 20.04.2020 in addition to his own duties. He expired on 03.07.2020 due to COVID-19. It is stipulated by CATS that during COVID-19 pandemic situation, all the officers/official of CATS were involved in looking after the operation of CATS ambulances service for smooth and efficient operation in larger public interest. During this, the Officials had to visit ambulances, Control Room, Hospital etc. for physical inspection of ambulances and operation of control room and sanitization work of ambulances etc. Last duty performed