Distinction Between Doctors, Paramedic Staff For Granting COVID Ex Gratia Amount By Delhi Govt Not Justified: High Court

The Delhi High Court on Tuesday prima facie observed that the distinction drawn by the Delhi Government between doctors and paramedic staff working in either Government or Private Hospitals requisitioned by the State with other nursing homes which may not have been requisitioned on account of their capacity, is not justified.

Justice Vipin Sanghi and Justice Jasmeet Singh also observed that only because some nursing homes may not have been requisitioned due to their bed capacity, does not ignore the fact that the doctors and paramedic staff working at such nursing homes were also exposing themselves to the risk of contracting covid and suffering death on that account.

The Court was dealing with a plea filed by widow of late Dr. Harish Kumar, who passed away during the First Wave of Covid-19 Pandemic, in June 2020. The petitioner's husband was serving at the New Life Hospital, G.T.B. Nagar, and was on Covid Duty.

The case originally related with respect to a loan undertaken by the petitioner and the recovery thereof, failing which the Receiver would have proceeded to take physical possession of the mortgaged property.

As the Court dealt with the petition earlier this month, it was apprised by the petitioner counsel that while an application for getting the Covid ex gratia amount of Rs. 1 Crore from the Delhi Government was made by the petitioner, the said amount was been received.

Yesterday, the counsel for the petitioner stated that after the last date of hearing, the petitioner was able to get the securitization application listed and heard by the DRT. He further submitted that an order was passed by the DRT requiring the petitioner to deposit Rs. 90 lakhs within one week.

Furthermore, it was submitted that the petitioner was trying to garner her resources to be able to comply with the order.

Gautam Narayan appearing for the Delhi Government, on instructions, submitted that according to the Delhi Government's the cabinet decision, the ex gratia amount is granted only with regards to the doctors and other paramedic staff serving in either government hospitals or in other hospitals which were requisitioned by the GNCTD for treatment of covid patients.

He submitted that the petitioner's case was not covered by the cabinet decision as the late husband of the petitioner was running a nursing home with less than 50 beds and such nursing homes were not requisitioned by the Delhi Government.

"Prima facie it appears to us, that the distinction sought to be drawn by the GNCTD may not be justified. This is because doctors and other paramedic staff serving in even private hospitals which were requisitioned by the GNCTD are covered by the cabinet decision," the Court said.

It added "It is a well known fact that at the peak of pandemic during first and second waves, the small nursing homes were also providing treatment against covid to thousands of residents of Delhi and if their numbers are put together, they may well exceed the number of beds available in government hospitals and hospitals which were requisitioned by the Government for treatment of covid."

Accordingly, the Narayan submitted that an affidavit will be filed placing on record the cabinet decision and also the reconsideration of the case of petitioner's husband for grant of ex gratia.

"Let the same be filed within four weeks," the Court said while listing the matter next on March 11.

Title: SHAKUNTALADEVI v. PNB HOUSING FINANCE LTD AND ANR