Full Text
HIGH COURT OF DELHI
Date of Decision: 22nd March, 2023
JOSEPH VARGHESE ..... Petitioner
Through: Mr. Manoj V George, Ms. Shilpa Liza George, Mr. Nasib Masih, Mr. KM Vignesh Ram, Advocate.
Through: Mr Anupam Srivastava, ASC for GNCTD with Mr Ujjwal Malhotra, Advocate for R-2 (M: 9811533855).
JUDGMENT
1. This hearing has been done through hybrid mode.
2. In the present case, the Petitioner is the husband of late Smt. Rachel Varghese (‘the deceased’), who was working with the Respondent No. 3 Medeor Hospital, Qutub Institutional Area, New Delhi (formerly known as Rockland Hospital) as a Quality Manager in the Blood Bank which is in close proximity of the Intensive Care Unit (‘ICU’).
3. According to the Petitioner, during the COVID-19 Pandemic, the deceased continuously attended to the duties in the Blood Bank in the Respondent No. 3-Hospital which was notified as a COVID-19 hospital vide order dated 24th May 2020, notified by the Directorate General of Health Services (‘DGHS’).
4. She developed fever on 10th June, 2020 and unfortunately, passed away on 17th June, 2020, due to COVID-19.
5. Vide the present petition, the Petitioner prays for grant of ex-gratia compensation in terms of the Cabinet Decision No. 2835 dated 13th May, 2020, regarding awarding of compensation to family of employees who die of the disease while on COVID-19 duty. The Cabinet decision is set out below:- “CABINET DECISION NO. 2835 DATED 13.05.2020 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/Incharge of the Hospital/Medical Institutions to Revenue Department, GNCTD for further processing for payment of the ex-gratia and same 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.”
6. The prayer in this writ petition is for award of ex-gratia compensation of Rs.[1] crore. Mr. Manoj Varghese George, ld. Counsel for the Petitioner has made his submissions and has taken the Court through the various documents which have been placed on record wherein the case of the Petitioner’s wife was awarded due consideration by the respective Departments of the GNCTD, i.e. Health & Family Welfare and Revenue Department.
7. Reference is specifically made to a reply to an RTI application, dated 29th July 2021, received by the Petitioner wherein the list of persons to whom ex-gratia compensation has been paid is disclosed. The list consists of 17 individuals, which includes a Technical Supervisor at Lok Nayak Hospital, Lab Technician at Hindu Rao and a Lab Technician at Chaudhary Brahm Prakash Ayurved Charak Sansthan (CBPCAS), Delhi.
8. According to the Petitioner, the wife of the Petitioner is similarly placed to these individuals and hence cannot be discriminated. As per the above Cabinet Decision, 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, are also entitled for ex gratia compensation.
9. Upon a perusal of the record, the case of the Petitioner for the payment of Rs.[1] crore was processed by the Respondent No. 2-Health Ministry/GNCTD, and a query was raised whether the Respondent No. 3- Hospital was a COVID-19 Hospital. In respect thereof, a clear observation was made that the Respondent N0. 3- Hospital was a COVID-19 Hospital as on 31st December, 2020 which is also reflect as under:-
10. Again, on 1st January, 2021, this fact is noted that the Respondent No.3- Hospital was a COVID-19 Hospital. This entire file was put up before the Respondent No. 2-Minister for Revenue, with the clear statement that the Hospital where the deceased was working was a COVID-19 Hospital. Despite the same, the case of the Petitioner for compensation due to his wife's demise was rejected vide letter dated 22nd June 2021. Specific reference is made to paragraphs 48 to 52 from reply dated 29th July 2021 to the Petitioner’s RTI Application annexed to the present writ petition which reads as under:-
11. It is argued that the decision of the Respondent No. 2-GNCTD cannot be discriminatory and arbitrary. Hence the claim for ex-gratia compensation ought to be granted as per the Petitioner.
12. Mr. Manoj Varghese George, ld. Counsel for the Petitioner has also relied upon Guidelines issued by National Blood Transfusion Council (‘NBTC’) titled ‘National Guidelines to Blood Transfusion Services in India in light of COVID-19 Pandemic’ dated 25th March 2020, in which Convalescent Plasma Therapy, in the initial stages of the COVID-19 Pandemic, was recognised as one of the main therapies for treatment of COVID-19 patients, which renders the deceased’s duties in the Blood Bank as a critical duty which was performed at that time.
13. Mr. Srivastava, ld. Counsel for the Respondent, on the other hand, submits that even the recommendation within the Respondent No. 2- GNCTD, clearly records in paragraph 49 extracted above, that Petitioner’s wife/deceased was not deployed for COVID-19 duty. It is only in respect of those individuals who were deployed for COVID-19 duty, the ex-gratia compensation is granted.
14. After perusing the record, the only stand of the Respondent No.2- GNCTD in this case appears to be that the Petitioner’s wife was not deployed for COVID-19 duty, as required by the Cabinet Decision. It is unclear from the affidavit filed 18th December 2021 on record by Respondent No. 2- SDM (HQ), Revenue Department, GNCTD as to whether any list exists for persons, who were deployed for COVID-19 duty or not. The affidavit filed on behalf of the Respondent No. 2-SDM Revenue Department does not specifically state if such lists exist.
15. Accordingly, Mr. Srivastava, ld. Counsel for Respondent submits that they would verify and place on record a specific affidavit, whether such list exists, wherein individuals who were posted for Covid-19 duty are listed by Respondent No. 2. Secondly, whether all the individuals who were granted ex gratia compensation until now under the above Cabinet Decision were specifically included in those lists or not would also be required to be examined.
16. A perusal of the counter affidavit dated 18th December 2021 placed on record by Respondent No. 2-GNCTD, shows that Respondent No. 3- Medeor Hospital name has appeared at serial no. 40 of the COVID-19 Hospitals as directed on 24th May, 2020 by the Respondent No. 2-GNCTD.
17. This Court also takes judicial notice of the fact that a number of cases where COVID-19 ex-gratia compensation is being sought are being referred and taken up by the Group of Ministers (‘GOM’) and specific reasons have been given, either for granting or not granting of the ex-gratia compensation. Accordingly, even in the present case, it is deemed appropriate, in view of the Cabinet Decision relied upon by the Petitioner, that this case should also be placed before the GOM in its next meeting.
18. Let the decision of Group of Ministers in respect of the Petitioner’s case be placed on record by the next date of hearing.
19. An affidavit giving the details of the persons who were deployed at COVID-19 duty and whether all persons who have been awarded the exgratia compensation till date were deployed for such COVID-19 duty shall also be filed within six weeks.
20. List on 8th May, 2023.
PRATHIBA M. SINGH JUDGE MARCH 22, 2023 mr/dn