Members Of Town Vending Committee Not 'Frontline COVID-19 Warriors': Delhi High Court

The Delhi High Court has recently ruled that the members of the Town Vending Committee (TVC) in the national capital are not frontline COVID-19 warriors.

Justice Subramonium Prasad dismissed the plea moved by a son seeking compensation of Rs. 25 lakh for the death of his father, a TVC member, who succumbed to COVID-19 in May 2021.

The son also sought direction on the Delhi Government to declare TVC members as frontline COVID-19 warriors in the national capital.

“In the absence of any material to show that the Petitioner's father had been deployed for COVID- 19 duties by the Government of NCT of Delhi, this Court is not inclined to direct that the Members of the Town Vending Committee should be declared as frontline COVID-19 warriors or that they are entitled to the compensation of Rs.25 lakhs,” the court said.

It added: “The writ petition is completely devoid of merits. In view of the above, the writ petition is dismissed, along with the pending application(s), if any.”

The Delhi Government took a stand that the issue of grant of compensation is a matter of policy and that the wife of the deceased had been considered under the “Mukhyamantri Covid-19 Parivar Aarthik Sahayta Yojana Scheme" and a one-time payment of Rs.50,000 was paid to her.

It was submitted that m no other claim of compensation was made out in favour of the deceased's family.

While rejecting the plea, the court said that the deceased was part of the Town Vending Committee but there was nothing on record to show that he was deployed for COVID-19 duties by the Delhi Government.

“In the absence of any material to show that the father of the Petitioner had been deployed for COVID-19 duties by the Government of NCT of Delhi, the Petitioner is not entitled to benefit of decision taken by the Respondent/GNCTD vide Cabinet Decision bearing No.2835 dated 13.05.2020,” the court said.

It added that matters pertaining to the grant of benefits under a Scheme is purely a policy decision and Writ Courts under Article 226 of the Constitution of India do not interfere with the policy.

Counsel for Petitioner: Mr. Umesh Kumar and Ms. Kawal Preet Kaur, Advocates

Counsel for Respondents: Mr. Anupam Srivastava, ASC for GNCTD with Mr. Dhairya Gupta, Advocate for R-1; Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advocates for MCD

Title: UMESH KUMAR v. GOVERNMENT OF NCT OF DELHI AND ANR

Citation: 2024 LiveLaw (Del) 325

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