The Delhi High Court has directed the government to pay Rs 1 crore ex-gratia to the family of a school principal who died after contracting COVID-19 while on duty. The bench said his death was “attributable to the discharge of such specific duties.”
New Delhi: The Delhi High Court has directed the Delhi government to pay Rs 1 crore ex-gratia compensation to the family of a school principal who passed away after contracting COVID-19 while on duty.
The court’s ruling came on an appeal filed by the principal’s widow, who challenged an earlier decision of a single judge that had rejected her plea on the ground that her husband was not on COVID duty at the relevant time.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed on September 4:
“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 coronavirus while discharging COVID-19 duties.”
According to the plea, the deceased, Shivnath Prasad, had joined the Delhi government as an assistant teacher in May 1993 and was serving as the principal of MCD Primary Boys’ School, Nithari, when he passed away.
The Delhi government had introduced a scheme in May 2020, which promised an ex-gratia payment of Rs 1 crore to the families of government employees who died of COVID-19 while performing official duties during the pandemic.
The plea highlighted that in April 2021, Prasad had been deployed for multiple tasks, including COVID-related duties. He tested positive for the virus on April 24, 2021, while still working at his school, and tragically died on April 28, 2021.
However, the Deputy Director of Education raised objections to the ex-gratia claim, preventing approval of the amount. The widow then approached the High Court, but her plea was dismissed by a single judge.
The division bench later reviewed an April 2023 letter issued by the principal of the same school, confirming that Prasad had been officially deployed for COVID-19 duty during the pandemic. The letter stated that he had performed tasks related to administration of COVID-19 vaccines.
Taking note of this, the bench said:
“Having regard to the fact that the letter dated April 24, 2023 clearly specified that the late husband of the appellant was deployed on COVID-19 duties, it is clear that his death, on contracting novel coronavirus was not only relatable but also attributable to the discharge of such specific duties.”
The court further underlined the welfare nature of the Delhi government’s 2020 policy, stating:
“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 scrutinising such applications to verify the same scrupulously, however, the intent behind such policies must not be lost sight of.”
The bench held that asking the widow to reapply afresh in light of the new letter would not serve the interest of justice.
Accordingly, the Delhi government has been directed to process her application by considering the April 2023 school letter and release the ex-gratia compensation within eight weeks.
The bench also issued a strict warning:
“In case the amount was not released within eight weeks, the authorities would also have to pay 6 per cent annual interest.”
This decision reinforces that the ex-gratia compensation scheme was meant to act as a welfare measure and should be interpreted with compassion, especially for families of frontline workers who lost their lives while serving during the COVID-19 crisis.
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