Narrow View Ought To Be Avoided: Delhi High Court Directs Compensation To Woman Whose Husband Died While On COVID Duty
The Delhi High Court allowed an Appeal preferred against the Order of the Single Judge by which a Writ Petition was dismissed.
Chief Justice Devendra Kumar Upadhyaya, Justice Tushar Rao Gedela, Delhi High Court
The Delhi High Court has directed the Government of National Capital Territory of Delhi (GNCTD) to provide compensation to a woman whose husband died while on COVID duty.
A Letters Patent Appeal (LPA) was preferred against the Order of the Single Judge by which a Writ Petition was dismissed, holding that the deceased husband was not on COVID duty at the relevant time and thus, disentitling her from ex-gratia compensation.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela held, “We find, in the present case, that the letter dated 24.04.2023, though issued belatedly, has not been denied and points out clearly to the fact that the late husband of the appellant was indeed deployed on COVID 19 duty apart from discharge of other duties. We have no hesitation in coming to the conclusion that the unfortunate demise of the late husband of the appellant was caused on account of contracting novel corona virus while discharging COVID-19 duties.”
Advocate Raja Choudhary represented the Appellant while Advocate Anubhav Gupta represented the Respondents.
Brief Facts
As per the Appellant’s case, her husband had joined the services of GNCTD as Assistant Teacher in 1993 and at the relevant time was rendering services as the Principal of the school. In 2020, a nationwide lockdown due to COVID-19 pandemic was announced. Keeping in view the nature of the pandemic, and having regard to the fact that essential services have to continue, both the Central as well as the State Governments had passed orders and directions to their employees to render services which were felt by the Government necessary and expedient to discharge. In view of the nature of the pandemic and the large number of deaths being caused on that count, the GNCTD through a Cabinet decision rolled out a scheme that if any person who is a government officer/official deployed for COVID-19 duties expires by contracting the disease during discharge of his/her duties in relation thereto, his/her family will be paid an ex-gratia amount of Rs. 1 crore, posthumously.
The Department of Education under the administrative control of the erstwhile North Delhi Municipal Corporation, issued an Office Order. The Appellant claimed that her late husband tested for COVID and was found positive in 2021, which, according to her, was contracted during his period of discharge of COVID-19 related duties in the school he was attached to. He was admitted to the hospital due to severe breathlessness and passed away after three days. Thereafter, the Appellant submitted an application seeking ex-gratia amount and the Revenue Department rejected her claim. She then filed a Writ Petition and the Single Judge dismissed the same. Hence, she filed an Appeal.
Reasoning
The High Court in view of the above facts, observed, “Undoubtedly, the policy dated 13.05.2020 of the GNCT of Delhi is a welfare measure, conferring benefits upon a particular class of persons who lost their lives while rendering essential services during the COVID-19 pandemic. While examining applications under such beneficial policies, a narrow and pedantic view ought to be completely avoided. Though it is the bounden duty of the officers scrutinizing such applications to verify the same scrupulously, however, the intent behind such policies must not be lost sight of.”
The Court said that though the Respondents did not have the benefit of the letter while considering the application of the Appellant and rejecting the same vide impugned letter, relegating the Appellant back to the situation of filing a fresh application having due regard to the said letter, may not subserve the interests of justice.
The Court, therefore, directed the GNCTD to process the application of the Appellant having regard to letter of the Principal of the school and complete the payment as conferred under the Cabinet decision, within 8 weeks. It clarified that in case the amount is not released within the stipulated time, the same shall attract simple interest @ 6% per annum for the period of delay.
Accordingly, the High Court allowed the Appeal and set aside the impugned Judgment.
Cause Title- Girija Devi v. The State of GNCT of Delhi through its Chief Secretary & Ors. (Neutral Citation: 2025:DHC:7710-DB)
Appearance:
Appellant: Advocates Raja Choudhary, Kapil Kumar Sharma, Dhruv Tiwari, Anushika Mishra, and Devender.
Respondents: Advocate Anubhav Gupta and S.C. Manu Chaturvedi.
