Court clarifies that COVID-19 relief duties integrated into routine tasks warrant compensation under Delhi government scheme.
In a landmark decision, the Delhi High Court has directed the Government of NCT of Delhi to grant an ex-gratia compensation of Rs. 1 crore to the family of the late Dr. Raja Ram Singh, who succumbed to COVID-19 while performing duties at a Hunger Relief Centre during the pandemic's second wave. The court's ruling emphasized that the artificial distinction between COVID-19 duties and routine duties is arbitrary and contrary to the purpose of the ex-gratia compensation scheme.
The case was brought forward by Prem Sheela Kumari, the widow of the deceased Vice Principal, challenging the denial of compensation based on the claim that Dr. Singh was performing routine duties rather than specific COVID-19 duties. The court held that the deceased was indeed performing COVID-19-related duties as he was actively engaged in managing and supervising the distribution of essential supplies at a designated Hunger Relief Centre.
Justice Purushaindra Kumar Kaurav, presiding over the case, noted that the Government of NCT of Delhi's Group of Ministers had previously denied the claim by interpreting the duties as routine. However, the court found this interpretation to be unsustainable and not aligned with the scheme’s intent, which recognizes the extraordinary sacrifices made by frontline workers during the pandemic.
The High Court’s judgment referenced previous decisions in similar cases where the court had dismissed arbitrary distinctions between COVID-19-specific and routine duties. In particular, it highlighted that the purpose of the ex-gratia compensation scheme is to honor the service of all frontline workers during the pandemic, regardless of the routine nature of their tasks.
In his judgment, Justice Kaurav directed the respondents to process and grant the ex-gratia compensation within six weeks, reinforcing the scheme's aim to compensate families of workers who risked their lives during the pandemic.
The court's decision is expected to set a precedent for similar cases, ensuring that all frontline workers who were exposed to COVID-19 risks, irrespective of their regular job descriptions, receive due recognition and compensation for their service during the pandemic.
Bottom Line:
Cabinet decision for ex-gratia compensation of Rs. 1 crore for individuals performing COVID-19-related duties applies even if the duties were integrated into routine work. Artificial distinction between COVID-19 duty and routine duty is arbitrary and unsustainable.
Statutory provision(s):
Cabinet Decision No. 2835 dated 13.05.2020, COVID-19 Ex-Gratia Compensation Scheme
