NEW DELHI: The Delhi High Court has ordered the Delhi government to pay Rs 1 crore as ex-gratia to the family of a school principal who died after contracting Covid-19 while on duty.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Tushar Rao Gedela allowed an appeal by the widow and overturned a single judge’s decision that he was not on COVID duty.
“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, principal of MCD Primary Boys School, Nithari, was the deceased. The widow invoked a May 2020 Delhi government scheme that grants `1 crore to kin of government employees who die after contracting COVID-19 while deployed on pandemic duties.
The plea said Prasad was performing COVID-19 related tasks in April 2021, tested positive on April 24, 2021 and died on April 28, 2021. The deputy director of education raised objections to the ex-gratia file and declined approval, prompting her to approach the high court after an earlier rejection.
The bench examined a letter dated April 24, 2023 from the school’s principal recording that Prasad had been deployed during the pandemic and had handled duties related to vaccine administration. “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 called the May 2020 policy a welfare measure for essential workers and warned against rigid, pedantic readings of applications under it.
“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.
Reasoning that requiring a fresh application would not serve justice, the bench directed the Delhi government to process the widow’s claim and complete payment within eight weeks, warning that failure would attract six per cent annual interest on the amount.
Division bench overturns single judge’s decision
A division bench of Chief Justice Devendra Kumar Upadhyaya and Tushar Rao Gedela allowed an appeal by the widow and overturned a single judge’s decision that he was not on Covid duty. Shivnath Prasad, principal of MCD Primary Boys School, Nithari, was the deceased. Plea said he was performing Covid-19 related tasks in April 2021, tested positive on April 24 & died on April 28, 2021