Delhi High Court Orders Release Of ₹1 Crore Ex-Gratia Compensation To Kin Of Constable Amit Kumar Who Died On COVID-19 Duty

The Delhi High Court recently ordered release of Rs. 1 crore ex-gratia compensation to the wife and father of 31-year-old constable Amit Kumar who passed away during the first wave of COVID-19 pandemic while performing his duties.

Noting that the Delhi Government has agreed to release the ex gratia payment, Justice Prathiba M Singh directed:

“The amount in terms of the Cabinet Decision dated 3rd November, 2023 shall now be released to the Petitioner and the father of the deceased within four weeks.”

The court was dealing with a plea moved by Kumar’s wife, who was expecting her child at the time when her husband passed away while he was posted at city's Deep Chand Bandhu Hospital to ensure adherence to COVID-19 lockdown measures. Kumar was the first policeman who died while performing COVID-19 duties.

In December last year, the court asked the case of ex gratia compensation to the widow be placed before a "Group of Ministers" as per Delhi Government's cabinet decision dated March 13, 2020. 

In September, the court had noted that the wife’s case was repeatedly deferred by the Delhi Government and a final decision was not being taken.

On November 20, the counsel appearing for the Delhi Government placed on record the decision of the Cabinet dated November 03 as per which the ex-gratia payment was approved.

As per the Cabinet decision, the wife and father of the constable have been given Rs. 60 lakh and Rs. 40 lakh compensation respectively.

Previously, the court had observed that the Delhi Government "ought not to resile from the clear announcement made" for ex-gratia payment of Rs. 1 crore and that the compensation due to the widow can no longer be delayed.

The Delhi government in May 2020 had announced Rs 1 crore ex-gratia to the kin of the constable. In one of his tweets, Delhi's Chief Minister Arvind Kejriwal had condoled the death of Kumar and had said his family will be provided with an ex-gratia of Rs 1 crore.

Title: Pooja vs State Of Gnct Of Delhi & Ors

Citation: 2023 LiveLaw (Del) 1160

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