The Delhi High Court has recently directed the Central Government, Directorate of Health Service and Safdarjung Hospital to release Rs 50 lakh to the widow of a security guard who died on duty during the COVID-19 pandemic when he was deployed in the hospital.
Justice Subramonium Prasad stated that the widow is entitled to the benefit of the “Pradhan Mantri Garib Kalyan Package: Insurance Scheme announced by the Centre for health workers fighting Covid-19”.
The bench also stated, “The narrow and pedantic stand taken by the Central Government cannot be accepted that the scheme is not applicable to the deceased as he was not deployed for the care of Covid patient.”
Justice Prasad pointed out, “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.”
Justice Prasad stated in the judgement passed on October 18, “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-19pandemic.” Justice Prasad observed that the scheme has been brought out as a social welfare scheme, and application of such schemes are not to be put in Procrustean beds or shrunk to Lilliputian dimensions.
He added that welfare schemes must necessarily receive a broad interpretation. Where the scheme is designed to give relief, the court should not be inclined to make etymological excursions.
The high court stated that a normal person would never know that there is a special COVID-19ward, and his normal reaction would be to approach either the OPD desk or the casualty of the hospital to meet the doctor. The court stated, “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 where the patients have to approach in order to get themselves treated.”
