Prem Wati And Others v. Gnctd And Others & ORS.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2136/2023 PREM WATI AND OTHERS .....Petitioners Through:

Mr. Raj Kumar Yadav and Mr.

Praveen Kumar, Advocates.

versus GNCTD AND OTHERS & ORS.

.....Respondents Through:

Ms. Harshita Nathrani, Advocate for R-1 & 2.

Mr. S.U, Abbas and Mr. Abhishek Yadav, Advocates for R-3 with Mr.

Gaurav Kumar, Astt. Engineer.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 14.11.2024 1.

The Petitioners have preferred the instant writ petition seeking quashing of the order dated 11th February, 2021 passed by Respondent No. 2 - SDM (HQ) Revenue Department, GNCTD, declining their request for grant of ex-gratia compensation of INR 1 Crore as per the Cabinet Decision No. 2835 dated 13th May, 2020.

2.

The Petitioners are the legal heirs of Late Mr. Akhilesh Chandra, who was working as a shift incharge/electrician with the Delhi Jal Board, GNCTD during the COVID-19 pandemic. They lay out the following facts for grant of the ex-gratia compensation:

2.1 During the 1st wave of the COVID-19 pandemic, Late Mr. Akhilesh Chandra was deployed by the Delhi Jal Board as a shift in-charge and water W.P.(C) 2136/2023 Page 1 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pump operator at the Okhla Sewage Treatment Plant. On 9th May, 2020, while discharging his duties, he began experiencing symptoms indicating COVID-19 infection. He was immediately taken to Holy Family Hospital, Delhi, for medical evaluation, where he tested positive for COVID-19. Following this diagnosis, the hospital recommended his urgent transfer to Ram Manohar Lohia Hospital, where he was admitted for treatment. 2.2 Unfortunately, Late Mr. Akhilesh Chandra succumbed to the COVID19 infection by the evening of 09th May, 2020. In this regard, the Petitioners rely on the Death Summary dated 09th May 2020 prepared by PGIMER-Dr. Ram Manohar Lohia Hospital which records that Mr. Chandra died due to COVID-19.

2.3 The GNCTD announced Cabinet Decision No. 2835 dated 13th May 2020, declaring if any individual, including doctors, nurses, paramedical staff, etc., who is deployed for COVID-19 duties, expires by contracting the COVID-19 disease during discharge of their duty, the family members of such employees shall be granted an ex-gratia compensation amount of INR 1 Crore.

2.4 In light of the above, the Petitioners applied for grant of the said compensation in terms of the aforenoted cabinet decision. However, vide communication dated 11th February 2021, Respondent No. 2 rejected the Petitioners' claim, observing that the deceased's case was not covered by the Cabinet Decision since he was not deployed for COVID-19 related duty. Aggrieved by the said communication, the Petitioners have preferred the present petition invoking this Court's extraordinary jurisdiction under Article 226 of the Constitution.

3.

On 20th February 2023, this Court issued notice in the present matter W.P.(C) 2136/2023 Page 2 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and directed Respondent No. 1 to file their counter affidavit. 4.

On 18th July, 2023, the Court observed that the matter required consideration, and the same was directed to be placed before a Group of Ministers1 for taking a decision on such pending cases of ex-gratia compensation of INR 1 Crore to the families of employees who expired during COVID-19 duties, including the present case. Thereafter, the matter was adjourned on a few occasions to enable the GoM to take its decision. 5.

On 4th September 2023, Mr. Satyakam, ASC for the Respondents, apprised the Court that the GoM meeting was scheduled for 13th September 2023. Thereafter, through the decision taken in the Meeting held on 25th September, 2023, GoM rendered its decision, rejecting the Petitioner's claim for ex-gratia compensation on the grounds that the case did not fall within the ambit of the Cabinet Decision No. 2835 dated 13th May, 2020. The relevant extract of the GoM minutes of meeting is as follows: 1 "GoM"

W.P.(C) 2136/2023 Page 3 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Counsel for Petitioner submits that the decision of Respondents is arbitrary and unreasonable. He asserts that Late Shri Akhilesh Chandra was working with Delhi Jal Board as shift incharge/electrician under the Executive Engineer (SDW-II), Mathura Road, Okhla, New Delhi and lost his life on 09th May, 2020 while discharging his official duties as shift incharge/water pump operator. It is argued that Shri. Chandra was deployed by the Delhi Jal Board and performed his duties as directed, bringing his case squarely within the ambit of Cabinet Decision No. 2835 dated 13th May, 2020. Furthermore, the counsel places reliance on the decision rendered by this Court in the case of Pooja v. State of GNCT Of Delhi & Ors. in W.P.(C) 5923/2021, to emphaise that the Respondents have extended compensation in similar cases. He alleges that the Petitioners' claim has been unfairly excluded, amounting to discriminatory treatment, and argues that the yardstick applied to other cases must also apply to the Petitioners. 7.

The Court has considered the aforenoted contentions but is not convinced. The decision rendered by the GoM vide the Minutes of Meeting dated 25th September, 2023 denying the grant of compensation, was passed W.P.(C) 2136/2023 Page 4 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

after deliberations on the applicability of the Cabinet Decision No. 2835 dated 13th May, 2020, which categorically provides that the ex-gratia compensation was to be granted to the families of employees who were deployed for COVID-19 duties and who succumbed to the disease during discharge of these duties. As noted by the GoM, there is a distinction between COVID-19 duties and routine duties, as envisaged by the cabinet decision. COVID-19 duties are understood to be the specific COVID-19 related responsibilities involving treatment, facilitation, or care of COVID19 patients. Thus, the rationale behind the cabinet decision was to recognize the extraordinary risks faced by such individuals engaged in such high-risk duties and to compensate families of employees who died to the disease as they were under high risk of contracting the infection due to exposure to COVID-19 patients.

8.

The case of the Petitioners has been duly considered by the GoM and it was found that Late Mr. Akhilesh Chandra was found to be performing his routine duties as a shift incharge with the Delhi Jal Board and his duty was not considered to be part of the special COVID-19 related duties. 9.

The Petitioners' reliance on the case of Pooja v. State of GNCT Of Delhi & Ors. to claim discriminatory treatment is misplaced. The facts of the said case are entirely on a different footing than the case of the Petitioners. In the case of Pooja v. State of GNCTD the deceased was a Delhi Police Constable who passed away while he was posted on duty at Deep Chand Bandhu Hospital to ensure adherence of the COVID-19 lockdown measures. Therefore, it was unequivocally esblished in that case that the deceased had contracted the infection while performing COVID-19 specific duty. In contrast, Late Shri Akhilesh Chandra was not assigned any W.P.(C) 2136/2023 Page 5 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

special COVID-19-related duties. Records indicate that he was engaged in his routine responsibilities as a shift in-charge and water pump operator at the time he contracted the infection. Thus, the cases are distinguishable on facts, and the comparison drawn by the Petitioners does not hold merit. 10.

It is beyond doubt that Late Shri Akhilesh Chandra was engaged in duties vital to public welfare as a shift in-charge and water pump operator, ensuring the uninterrupted functioning of essential water supply systems during a time of national crisis. However, the Cabinet Decision No. 2835 dated 13th May, 2020, limits the grant of ex-gratia compensation to employees deployed on duties directly related to COVID-19, such as patient care, relief work, or containment zone operations. While the Court acknowledges the significance of the deceased's contributions, but the nature of his duties does not satisfy the strict eligibility criteria. The Cabinet Decision was formualted with an intent to recognize and compensate individuals who undertook extraordinary risks in combating the pandemic, exposing themselves to heightened danger. Expanding the scope of this policy to include all essential service providers would not only dilute its intent but also risk opening the floodgates for claims that fall outside the scope of the decision.

11.

Thus, in light of the foregoing, the Court is of the considered view that the decision rendered by the Respondents does not warrant interference. It reflects a reasoned application of the policy framework and does not appear to suffer from arbitrariness or any legal infirmity. The Court, while deeply empathetic to the loss suffered by the Petitioners, finds no justification to intervene in the matter. Furthermore, ex-gratia payments are discretionary and not a matter of right. They are granted as a compassionate W.P.(C) 2136/2023 Page 6 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

gesture in extraordinary circumstances, subject to the specific terms and conditions outlined in the governing policy. The Court finds that the decision-making process followed by the GoM was neither arbitrary nor unreasonable.

12.

In view of the above, the Court is not inclined to entertain the present writ petition and the same is dismissed, along with pending application(s), if any.

SANJEEV NARULA, J NOVEMBER 14, 2024 as W.P.(C) 2136/2023 Page 7 of 7 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.