Full Text
HIGH COURT OF DELHI
Date of Decision: 20th February, 2023
POOJA ..... Petitioner
Through: Mr Anand Prakash Sharma, Advocate. (M:9810437386)
Through: Mr. Santosh Kumar Tripathi, SC (Civil), GNCTD, Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Tapesh Raghav, Mr. Mahak Rankawat, Mr. Divyam Nandrajog & Mr. Utkarsh Singh, Advocates.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. In the present case, the widow of Late Mr. Amit Kumar, Constable, who expired on 5th May, 2020, has sought compensation in terms of the Cabinet decision dated 13th May, 2020. On 14th December, 2022, the Court has passed the following order: “1. This hearing has been done through hybrid mode.
2. The Petitioner - Pooja is the young widow of Late Sh. Amit Kumar, Constable, Delhi Police who expired on 5th May, 2020 due to COVID-19. The Petitioner has filed the present petition with the following prayers: “(i) Issue an appropriate writ(s) in the nature of Mandamus to the respondents to release the ex-gratia amount as promised by them immediately and keep their word to the petitioner who is the wife of the deceased Sh Amit Kumar.
(ii) Issue such appropriate writ(s) as this court may deem fit and proper in the facts and circumstances of the case: (iii)Pass such further or other order(s) as this court may deem fit and proper in the interest of justice.”
3. The Petitioner has filed the present petition relying upon the cabinet decision dated 13th May, 2020. The said decision is as follows: “CABINET DECISION NO. 2835 DATED 13.03.2020 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 of any other Govt. Officer/Official, including Police Office/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 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.”
4. The present is a hard case where the Petitioner was expecting her child at the time when her husband, a young Delhi Police Constable passed away while he was posted at Deep Chand Bandhu Hospital, Delhi to ensure adherence to COVID-19 lockdown measures. It was in this background, this Court vide order dated 18th August, 2022 had come to a prima facie conclusion to the following effect:
5. Ld. counsel for the Petitioner submits that the orders issued by the Chief Secretary, Delhi during the COVID-19 pandemic, exercising powers under the Disaster Management Act, 2005 required Delhi Police personnel to be posted for COVID-19 duty across Delhi. Thus, it cannot be argued by the Respondents that the Petitioner’s husband was not on COVID-19 duty. The ld. Counsel for the Petitioner further relies upon the tweet issued by the Chief Minister of Delhi and the Lieutenant Governor of Delhi from official twitter handles. The said tweets are extracted below:
6. Mr. Tripathi, ld. ASC submits that in the present case, as per the aforementioned cabinet decision dated 13th March 2020, a decision can be taken by the Minister of Health through the Minister of Revenue with the approval of the Chief Minister. Accordingly, he prays that the matter may be sent for consideration to the said Group of Ministers.
7. The present case requires an empathetic consideration. It is not in doubt that the Petitioner’s husband - Sh. Amit Kumar had died during COVID-19 duty. The same is also confirmed by the office of the DCP (North-West), Ashok Vihar who has stated as under: “Subject – Reg. Grant of Ex. Gratia of Rs. 1 Crore to the family of Late Const. Amit Kumar, No. 2295/NW, expired on 05.05.2020 due to illness (COVID-19+). Sir, With reference to your office letter nos. F.1(58)/Relief/Ex-gratia/2020/3247 dated 25.09.2020, on the subject cited above. I am to inform that the deceased Ct. Amit Kumar, No. 2295/NW, PIS No. 28107401 was performing field duty in PS Bharat Nagar, North West Dist. in addition to collator. During the period of lockdown police personnel performing duties like Naib Court, VB,, collator, etc. were deployed for ensuring the lockdown guidelines in P.S. Bharat Nagar areas of Containment Zone and around needed as he is bound to work 24x[7]. As per report of Dr. Lal Path Lab, Sector-18, Rohini Delhi, Late Ct. Amit Kumar, No 2296/NW was COVID-19+. patient during the course of his duty due to which he got infected an lost his life. Considering the above, the bereaved family of Late Ct. Amit Kumar, No. 2295/NW fully deserves the financial compensation of Rs 1 Crore announced by the government of NCT of Delhi. Hence, I strongly recommend for the grant of compensation of Rs. 1 Crore to the family of the deceased.”
8. Further, there is clear communication and messaging in the public domain via social media which leaves no manner of doubt that the ex gratia amount of Rs.[1] Crore was announced for the Petitioner’s Husband. The press clipping to the same effect has been placed on record. The said press clipping is as under:
9. The Respondents ought not to resile from the clear announcement made for ex-gratia payment. In view of the aforementioned facts and circumstances, the compensation due to the Petitioner can no longer be delayed.
10. Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated 13th March 2020. The decision taken shall be placed on record by 15th January, 2023.
11. List this matter before Court on 2nd February, 2023.”
3. As recorded in the said order, the matter was to be put up before the Group of Ministers and the decision was to be placed on record.
4. Ld. Standing Counsel, Mr. Tripathi, has placed on record the minutes of meeting dated 14th February, 2023, which record the decision of the Group of Ministers held on 13th January, 2023. According to the said minutes the case of the Petitioner for compensation of Rs. 1 crores has been kept on hold with the following reasoning: “GoM is of the view that before taking a final view in the matter, the case may be re-examined with wider prospective keeping in view the deployment by GNCT of Delhi for COVID related duties, nature of duties performed by the deceased, place of her deployment and degree of associated risk of contracting the COVID-19 during discharge of her duties. Further, clarification may be sought from Delhi Police regarding contradictory statements between Brief Incident Report issued by Addl. DCP (North-West) and certificate issued by DCP (North-West). After examining the clarification received from Delhi Police, the matter shall be placed in the next meeting of the GoM.”
5. As per the above minutes, the case of the Petitioner for compensation has been kept on hold awaiting the clarifications from the Delhi Police. The two documents which are placed on record to submit that a clarification would be required are the Certificate of the Deputy Commissioner Police North West District and the Report of the Additional Deputy Commissioner of Police North West District. Both the said documents read as under: “Brief Incident Report Late Ct. Amit Kumar, No. 2295/NW, PIS NO. 28107401, posted as collator at PS Bharat Nagar, North west Distt., expired on 05.05.2020 while ON DUTY. Information was received at PS Bharat Nagar on 05.05.2020 that Ct. Amit Kumar, No. 2295/NW was not feeling well. While he was being taken to RML hospital his condition started deteriorating. He died on the way to RML Hospital. As per report of Dr. Lal Path Lab, Sector-18, Rohini, Delhi, Late Ct. Amit Kumar, No. 2295/NW was COVID-19 positive. As per laid down protocol, post-mortem of dead body of COVID-19+ person is not conducted. Hence the post-mortem report in not available in this case. Sd/- (Aalap patel) Addl. Dy. Commissioner of Police-II North-West Distt. Delhi.” “CERTIFICATE Certified that 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. He developed shortness of breath and reported unwell while on duty, on 5.5.2020 while he was being taken to RML hospital his condition started deteriorating. He died on the way to RML Hospital on 05.05.2020. As per report of Dr. Lal Path Lab, Sector-18, Rohini, Delhi, Late Ct. Amit Kumar, No. 2295/NW was COVID-19 +. The deceased came in contact with some COVID-19 + patient during the course of his duty due to which he got infected and lost his life. Considering the above, the bereaved family of Late Ct. Amit Kumar, No. 2295/NW fully deserves the financial compensation of Rs. 1 Crore announced by Government of NCT of Delhi. Hence, I strongly recommend for the grant of compensation of Rs. 1 Crore to the family of the deceased. Sd/- (Vijayanta Arya) Dy. Commissioner of Police North-West Distt. Delhi.”
6. A perusal of the above reports, in fact leave no doubt in the eyes of the Court that the Petitioner’s husband had passed away due to Covid-19. As was the prevalent procedure, no post mortem was being conducted in respect of Covid-19 patients. However, the report of the laboratory as clearly in both the report and the certificate which have been put up by the Police officials confirmed that the death was due to Covid-19.
7. These two documents when read along with the tweets issued by the Chief Minister and the Lieutenant Governor of Delhi at the relevant point of time, which is contemporaneous in nature, leave no manner of doubt that the Constable late Mr. Amit Kumar who was only 31 years of age passed away during Covid-19 duties. Thus, the decision to keep on hold or seek a clarification would, in the prima facie, opinion of this Court, not be tenable. Accordingly, let today’s order be placed before the Group of Ministers and the decision be placed on record within the next two weeks insofar as the grant of compensation to the family of late Mr. Amit Kumar is concerned.
8. List on 22nd March, 2023.
PRATHIBA M. SINGH JUDGE FEBRUARY 20, 2023 dj/rp