Delhi HC directs govt to take decision on its compensation announcement of 1 cr for police constable who died of COVID

New Delhi [India], December 16 : The Delhi High Court has recently directed the Delhi government to take a decision on releasing of Rs one crore compensation to the kin of a Delhi Police Constable who died on duty during the first wave of Covid-19.
The High Court has directed to place the matter before the group of Ministers.
The High Court passed the order on the petition moved by the widow of the deceased police personnel Amit Kumar.
Justice Prathiba M Singh while deciding the petition said that 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. Accordingly, let the matter be placed before the Group of Ministers as per the cabinet decision. The decision taken shall be placed on record by January 15, 2023," the court said in the judgement passed on December 14.
The matter has been listed before Court on February 2, 2023.
The petitioner Pooja is the young widow of Amit Kumar, a Constable who died on May 5, 2020 due to COVID-19.
The petitioner sought a direction to release the ex gratia amount as promised by the government immediately.
The petitioner moved the petition relying upon the cabinet decision which approved the compensation of Rs1 crore compensation for the death of any person including doctor, nurse, paramedical staff, security/sanitation staff of any other government officer/official, including police official deployed for Covid-19 duties by Delhi government.
As per the decision, the concerned Department/Agency, where the person was employed, will submit the case with their recommendations, enclosing the report of the Death Audit Committee and the report of the Medical Superintendent/In-charge of the Hospital/Medical Institution to the 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 Chief Minister.
"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," the court noted in the judgement.
The Court on August 18, 2022, had taken note of the certificate which had been issued by the Deputy Commissioner of Police which had clearly and unequivocally recorded that the husband of the petitioner was, at the relevant time, posted to ensure adherence of COVID-19 lockdown measures in the area in and around Deep Chand Bandhu Hospital.
The certificate issued by the Deputy Commissioner of Police further refers to the fact that the deceased constable appears to have contracted COVID-19 upon coming in contact with patients who were visiting or had been admitted to the hospital.
The court had also noted that it is evident from the Cabinet decision which has been referred to above, police personnel were also covered under the policy of grant ex gratia compensation. All that was required was for such claims to establish that the concerned police personnel had expired due to contracting the disease in the due discharge of their duties.
The counsel for the petitioner submitted 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," he said.
The Counsel further relied upon the tweet issued by the Chief Minister of Delhi and the Lieutenant Governor of Delhi from official Twitter handles.
On the other hand, Additional Standing Counsel (ASC) Santosh Tripathi argued that in the present case, a decision can be taken by the Minister of Health through the Minister of Revenue with the approval of the Chief Minister.
Accordingly, the Counsel urged the High Court to send the matter for consideration to the Group of Ministers.
After hearing the argument of both sides the court said that the present case requires an "empathetic consideration".
"It is not in doubt that the petitioner's husband had died during COVID-19 duty. The same is also confirmed by the office of the DCP (North-West), who has stated that Amit Kumar expired on May 5, 2020, due to illness and it was recommended to give compensation of Rs one crore to his family," it said.
The Court also said that 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 Rs1 Crore was announced for the petitioner's husband.
The press clipping to the same effect has been placed on record.