Title: SANGEETA WAHI v. UNION OF INDIA AND ORS
Decided on: 18th October 2023
W.P.(C) 4912/2021
Coram: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD
Introduction
High Court of Delhi has granted the benefit of an insurance package announced by the Central Government under the ‘Pradhan Mantri Garib Kalyan Package: Insurance scheme for health workers fighting COVID-19′, to the widow of a security guard who died in line of duty during covid 19 pandemic.
Facts of the Case
The Petitioner is a widow of a Security Guard- late Dilip Kumar, deployed in Safdarjung Hospital during Covid-19 Pandemic. He lost his life during the Covid-19 Pandemic in line of duty and the widow has approached Court claiming the benefit of an insurance package announced by the Central Government under the ‘Pradhan Mantri Garib Kalyan Package: Insurance scheme for health workers fighting COVID-19′. She also claims the benefits of the Scheme announced by the Department of Health and Family Welfare, Government of NCT for grant of ex-gratia compensation of Rs.1 crore to the families of the employees who died of Covid-19 while on Covid-19 duty.
Court Analysis and Decision
The Scheme was brought out as a measure to benefit the family members of persons who became martyrs in the line of duty while protecting thousands of persons affected by Covid-19 Pandemic. The Court took judicial notice of the fact that any person having mildest of the symptoms of Covid-19 was getting themself tested. Poor people who could not afford private testing centres were rushing to the Government hospitals. A normal person would never know that there is a special Covid 19 ward and his normal reaction would be to approach either the OPD desk or the casualty of the hospital to meet the Doctor. At that point of time, to streamline the queue, the services of the security guards were availed. The security guards were also directing the people to the Departments. It, therefore, cannot be said that the late husband of the Petitioner, who died of Covid-19 which he may have contracted in the Hospital, was not in direct contact with the Covid-19 patients.
Petitioner’s late husband was a contractual employee, whose services were outsourced by the central government hospital named Safdarjung Hospital. Since the Petitioner was not employed by the GNCTD, Court is not inclined to extend the benefit of the Scheme announced by the Government of NCT of Delhi. Therefore, the Medical Superintendent of Safdarjung Hospital is directed to send the mentioned documents of the late husband of the Petitioner to the GNCTD and upon receipt of these documents, the GNCTD is directed to examine the case, sympathetically keeping in mind the fact that the Petitioner’s husband has lost his life in the line of duty. Respondents No.1, 3 & 4 were directed to release the amount of Rs.50 lakhs in favour of the Petitioner within eight weeks.
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Written by- K R Bhuvanashri
