The Delhi High Court in the case Sangeeta Wahi v. Union Of India observed and has directed the Union Government, Director General of Health Services and Medical Superintendent of Safdarjung Hospital to release Rs.50 lakhs in favour of widow of a security guard who died on duty during COVID-19 pandemic while she being deployed in the government hospital.
The bench headed by Justice Subramonium Prasad in the court observed and has stated that the widow in the case is entitled to the benefit of “Pradhan Mantri Garib Kalyan Package: Insurance scheme for health workers fighting COVID-19 announced by the Union Government and that it cannot take a narrow and pedantic stand that the said scheme would not apply to the deceased as he was not deployed for the care of Covid-19 patients.
The court in the case stated that the scheme was actually 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 also stated that taking such a narrow view actually goes against the spirit of the Scheme which was meant to provide immediate relief to persons who were tackling the situation and were protecting the lives of thousands of patients.
Adding to it, the court stated that during the COVID-19 pandemic, it was the security guards and paramedical staff who not only ensured the safety of the hospitals but they were also acting as guides by directing the patients to approach the correct centre.
Therefore, the court stated that it cannot be said that the security guards who were posted at various places were not in direct contact of Covid-19 patients.
In the present case, the widow had approached court claiming the benefit of Central Government’s scheme as well as under the Delhi Government’s scheme for the grant of ex-gratia compensation for an amount of Rs.1 crore. The court observed that the Delhi Government’s circular passed dated 27.07.2020, wherein it has been stated that the Administrative Departments of the deceased can send the names of those who passed away by contracting COVID-19 during discharge of their duties for payment of Rs. 1 crore ex- gratia compensation, along with the required documents.
The court directed the Delhi Government to examine the case of the deceased sympathetically, while keeping in mind the fact that he lost his life in the line of duty.
The court while considering the facts and circumstances of the case stated that the people were crowding OPDs and the causality in the hospital to get themselves screened. At this juncture, it was these security guards, paramedical staff, who not only to ensure the safety of the hospitals but were also acting as guides by directing the patients to approach the correct centre.
Further, the court stated that it cannot be said that the security guards who were posted at various places were not in direct contact of Covid-19 patients.
Accordingly, the court observed and has directed the Medical Superintendent of Safdarjung Hospital to send the relevant documents of the deceased to the Delhi Government.
The counsel, Advocates, Ms. Anu Mehta and Mr. Rubinder Ghumman appeared for the petitioner.
The counsel, Advocates, Ms. Hetu Arora Sethi, ASC-GNCTD with Ms. Kavita Nailwal, Adv. for GNCTD. Mr. Jaswinder Singh, Adv. for R-1 and 4. Mr. Abhishek Mishra represented for Respondent No. 5.