Constable died during Covid-19 duty, Delhi Govt’s rejection of compensation to wife ‘untenable’: Delhi HC

In the last hearing, Justice Singh had observed that the Delhi Government “ought not to resile from the clear announcement made for ex-gratia payment” and given the circumstances, the compensation due to the woman “can no longer be delayed”. The High Court on December 15 last year had directed that the matter be placed before the Group of Ministers as per the Delhi Government’s cabinet decision of March 2020 and directed that the said decision taken shall be placed on the court’s record by January 15, 2023.

On Monday, the Delhi Government’s counsel placed on record the minutes of the meeting of the Group of Ministers which took place on January 13 wherein the widow’s case was rejected. As per the minutes, her case for compensation was kept on hold awaiting clarification from the Delhi Police, and the reports of the concerned DCP and ACP of North West district were also placed on record.

Justice Singh read the report and the minutes, and considered them along with tweets of Chief Minister Arvind Kejriwal and Delhi LG at the relevant time, observing that it “leaves no manner of doubt that the constable, who was only 28 years, passed away during Covid-19 duties”. “Thus, the decision to keep on hold or seek clarification would prima facie not be tenable,” she remarked.

Justice Singh then directed that the matter be “again placed before the Group of Ministers” and a decision must be taken within March 2 the next date of hearing.

The Delhi Government Cabinet had decided on March 13, 2020, that the family of anyone, including doctors, nurses, and police officials, working either in the government or private sector deployed by it for Covid-19 duties, who died after contracting the disease during the discharge of their duty, shall be paid an ex-gratia amount of Rs. 1 crore.

The woman’s counsel had previously relied on a tweet made by Kejriwal from that time who had condoled the constable’s death and said his family will be provided with an ex-gratia compensation of Rs. 1 crore.

The High Court, in its December 15 order, observed the matter required “an empathetic consideration” while adding that there is no doubt about the fact that the deceased constable had died during Covid-19 duty, which is also confirmed by the office of the concerned DCP.

Referring to press report clippings from the time, the HC had observed in the previous order 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 Rs.1 crore was announced” for the woman’s husband.