Delhi HC orders Rs 1 crore ex gratia for kin of school principal who died on Covid duty

The Delhi High Court has directed the government in the National Capital to pay Rs 1 crore ex gratia to the family of a school principal who died while discharging COVID-19 duties.

The High Court allowed an appeal filed by his widow challenging a single judge’s decision, which held the man was not on COVID duty at the relevant time.

“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,” a bench of Chief Justice Devendra Kumar Upadhyaya and Tushar Rao Gedela said on September 4.

Shivnath Prasad, the plea said, joined the services of Delhi government as an assistant teacher in May 1993 and was the principal of the MCD Primary Boys School in Nithari at the time when he died.

The plea said in May 2020, the Delhi government rolled out a scheme under which if any person who is a government officer or official deployed for COVID-19 duties died by contracting the disease during discharge of his or her duties, the kin will be paid an ex gratia amount of Rs 1 crore posthumously.

The plea said the man was deployed for discharging various duties including COVID-related duty in April 2021 and he tested positive for the virus on April 24, 2021, which according to his widow was the time when he was discharging COVID-related duties in the school he was attached to.

The man succumbed to the virus on April 28, 2021.

The deputy director of education concerned said the woman’s file for ex gratia had some objections and the amount could not be approved.

The widow subsequently moved the high court seeking the relief but her plea was dismissed.

The division bench, on the other hand, examined an April 2023 letter issued by the principal of MCD Primary Boys’ School, Nithari, indicating the former principal was deployed to perform duties during COVID-19 pandemic.

He was stated to have performed works related to the administration of COVID-19 vaccines.

“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 bench said.

The court said the Delhi government’s May 2020 policy was a welfare measure, conferring benefits upon a particular class of persons who lost their lives while rendering essential services during the COVID-19 pandemic.

“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,” it added.

The court said relegating the widow back to the situation of filing a fresh application having due regard to the letter, was not in the interest of justice.

The Delhi government, as a result, was directed to process the woman’s application after considering the April 2023 letter of the school principal and complete the payment within eight weeks.

The court made it clear that in case the amount was not released within eight weeks, the authorities would also have to pay 6 per cent annual interest.