Justice Prasad observed the scheme has been brought out as social welfare scheme (Representational)
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 said 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 said, "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."
"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 pointed out.
"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 the Covid-19 pandemic," Justice Prasad said in the judgement passed on October 18.
Justice Prasad observed that the scheme has been brought out as a social welfare scheme and application of such schemes is 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 said that 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 in 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," the court said.
The bench observed that it cannot be said that the late husband of the Petitioner herein, who died of Covid-19 which he may have contracted in the Hospital, was not in direct contact with the Covid-19 patients.
The widow of the guard deployed in Safdarjung Hospital during the pandemic who lost his life during the Covid-19 pandemic in the line of duty approached the High Court.
She had claimed 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 had also claimed the benefits of the Scheme announced by the Department of Health and Family Welfare, Government of NCT for grant of compensation of Rs.1 crore to the families of the employees who died of Covid-19 while on Covid-19 duty.
It was stated by Petitioner's counsels that her husband late Dilip Kumar, was working as a Security Guard and was deployed at the Hospital's OPD Building where he contracted Covid-19 and passed away on June 14, 2020. It was stated that he was brought dead to the hospital.
Advocate Rubinder Ghumman and Anu Mehta contended that petitioner is entitled to the benefit of "Pradhan Mantri Garib Kalyan Package: Insurance scheme for health workers fighting Covid-19" announced by the Central Government and also to the benefits of the Scheme announced by the Department of Health and Family Welfare, Government of NCT for grant of compensation of Rs 1 crore to the families of the employees, including any person attending Covid-19 patients including Doctor, Nurse, Para-Medical Staff, Sweeper, or any other staff, whether temporary or permanent employee in Government of Private Sector, who died of Covid-19 while on Covid-19 duty.
The court noted that there was a shift in the stand of the State Government and it has restricted the scope of its scheme to only such persons who were deployed by the Government of NCT of Delhi. The same stand has been reiterated in its decision dated July 27, 2020.
The court said that it was not inclined to extend the benefit of the Scheme announced by the Delhi government by passing a writ.
However, it took note of the circular dated July 27, 2020, that the Administrative Departments of the deceased can send the names of those persons who have passed away by contracting the disease during the discharge of their duties for payment of an ex-gratia of the amount of One Crore, posthumously along with necessary documents.
The High Court directed the Medical Superintendent, Safdarjung Hospital to send the above-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 of the late husband of the Petitioner sympathetically keeping in mind the fact that the Petitioner's husband has lost his life in the line of duty.
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