Delhi govt can't resile from ex-gratia announcement for Covid-19 death: HC

The Delhi HC has asked the authorities to take a decision on payment of Rs 1 cr compensation to the family of a city police constable who died due to Covid

Stating that the city government ought not to resile from the clear announcement made for ex-gratia payment, the Delhi High Court has asked the authorities to take a decision on payment of Rs 1 crore compensation to the family of a city police constable who died due to COVID-19.

Justice Prathiba M Singh, while dealing with a petition by the wife of the deceased, said there was a clear communication by the authorities as well as press clippings, which leave no manner of doubt that the ex-gratia amount of Rs 1 crore was announced for the deceased by the Delhi government.

The petitioner's husband passed away on May 5, 2020 when she was expecting a child. The deceased, a young Delhi Police Constable, was posted at Deep Chand Bandhu Hospital to ensure adherence to COVID-19 lockdown measures.

The court said that the present case was hard and required an empathetic consideration and the payment of compensation cannot be delayed any further.

The Delhi government submitted that as per a cabinet decision of March 2020, a decision in this regard can be taken by the Minister of Health through the Minister of Revenue with the approval of the Chief Minister and thus prayed that the matter may be sent for their consideration.

Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated 13th March 2020, said the court in a recent order.

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, the court stated.

The court directed that the decision of the authorities shall be placed on record by January 15.

The petitioner said that orders issued by the Delhi government during the pandemic required Delhi Police personnel to be posted for COVID-19 duty across the city and therefore it cannot be argued by the respondents that the deceased was not on COVID-19 duty.

In the petition, the deceased constable's wife has submitted that she ran from pillar to post to secure the compensation promised by Chief Minister Arvind Kejriwal in a tweet on May 7, 2020 after the death of her husband who was sole breadwinner of the family.

The plea referred to Kejriwal's tweet stating, Amitji did not care for his life and kept serving us Delhi people. He got infected with corona and passed away. I pay homage to him on behalf of all the Delhites. His family shall be given an ex-gratia of Rs 1 crore.

The woman has said her husband was the first person from the police force to succumb to COVID-19 and that she was pregnant at the time of her husband's death and has two children to look after.

The matter would be heard next on February 2.