Delhi High Court Directs Centre To Release ₹50 Lakhs Under PM Insurance Package To Kin Of Hospital Security Guard Who Died On COVID-19 Duty

The Delhi High Court 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 being deployed in the government hospital.

Justice Subramonium Prasad said that the widow 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 Scheme would not apply to the deceased as he was not deployed for the care of Covid-19 patients.

“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. 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,” the court said.

It added that during the COVID-19 pandemic, it was the security guards and paramedical staff who not only ensured the safety of the hospitals but were also acting as guides by directing the patients to approach the correct centre.

“It, therefore, cannot be said that the security guards who were posted at various places were not in direct contact of Covid-19 patients,” the court said.

The widow had approached court claiming the benefit of Central Government’s scheme as well as under the Delhi Government’s scheme for grant of ex-gratia compensation of Rs.1 crore.

Noting that there was a shift in the Delhi Government’s stand which has restricted the scope of its Scheme to only those who were deployed by government, the court said that since the deceased was not employed by the Delhi Government, it was not inclined to extend the benefit by passing a writ.

However, the court took note of Delhi Government’s circular passed on July 27, 2020, which 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 crores ex- gratia compensation, along with requisite documents.

Accordingly, the court directed the Medical Superintendent of Safdarjung Hospital to send the relevant documents of the deceased to the Delhi Government.

The court also directed the Delhi Government to examine the case of the deceased sympathetically, keeping in mind the fact that he lost his life in the line of duty.

“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 ensured the safety of the hospitals but were also acting as guides by directing the patients to approach the correct centre. It, therefore, cannot be said that the security guards who were posted at various places were not in direct contact of Covid-19 patients,” the court said.

Counsel for Petitioner: Ms. Anu Mehta and Mr. Rubinder Ghumman, Advs.

Counsel for Respondents: 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, Adv. for Respondent No. 5.

Title: SANGEETA WAHI v  UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 1015

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