Full Text
HIGH COURT OF DELHI
Date of Decision: 14th December, 2022
MADHURI PANDEY & ANR. ..... Petitioners
Through: Mr Anand Prakash Sharma, Mr Sandeep Sehgal and Mr Ashok Singh
Advs
Through: Mr. Santosh Kumar Tripathi, Standing
Counsel (Civil), GNCTD with Mr. Arun Panwar, Mr. Tapesh Raghav &
Mr. Mahak Rankawat, Advocates.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed on behalf of the Petitioner No.1 - Madhuri Pandey and Petitioner No.2 - Rukmani Pandey. The Petitioner No.1 is the widow and Petitioner No.2 is the mother of Late Sh. Shesh Mani Pandey, ASI, Delhi Police who expired on 30th May, 2020 due to COVID-19. The Petitioners have 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 exgratia amount to the petitioners and declare the letter dated 07.10.2020 null and void as it is arbitrary and lacks equity.
(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 orders(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 and order are 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. In the present case, Sh. Shesh Mani Pandey, ASI, Delhi Police developed acute symptoms of COVID-19 while he was posted at PS Paharganj (Crime Branch) Central District, Delhi to ensure adherence to COVID-19 lockdown measures. It was in this background, this Court vide order dated 18th August, 2022 listed this matter with W.P.(C) 5923/2021 titled Pooja v. State of GNCT of Delhi & Ors. In the said writ petition 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. Ld. Counsel further submitted that the Hon’ble Home Minister of India sent a condolence message to the Petitioner No.1’s husband vide letter dated 31st May 2020. The translated copy of the said letter is as follows: “D.O NO.3105/HMP-2020 AMIT SHAH HOME MINISTER INDIA DATED:31 MAY 2020 Smt. Madhuri Pandey ji, I express my deepest condolences on the sad and untimely demise of your brave husband, Late Shesh Mani Pandey, Assistant Sub Inspector, Belt No.2404/D(PIS NO.24140011) who was deployed at Crime Branch, Central district, Delhi Police. He was a brave, hardworking and sincere policeman, who fought till the end for maintaining law and order and for the prevention of Corona Pandemic. The country and society will always remember his services The whole nation is with you in this hour of grief. I pray to Almighty God to give you the strength to bear this irreparable loss with courage and patience”
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 No.1’s husband Sh. Shesh Mani Pandey, ASI had died during COVID-19 duty. The same is also confirmed by the fact that the Delhi Police Administrative Department recommended the case of Sh. Shesh Mani Pandey to the Govt. NCT of Delhi for the ex-gratia payment of Rs. One crore.
8. In view of the aforementioned facts and circumstances, the compensation due to the Petitioner can no longer be delayed.
9. Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated 13th March 2020. A decision by the said Ministers be placed on record by 15th January, 2023.
10. List this matter before Court on 2nd February, 2023.
PRATHIBA M. SINGH JUDGE DECEMBER 14, 2022 Rahul/KT