High Court Seeks Delhi Govt’s Response On PIL Seeking Release Of Ex-Gratia Compensation To Families Of Cops Who Died On COVID-19 Duty

The Delhi High Court on Tuesday sought Delhi government’s response on a public interest litigation seeking release of the ex-gratia compensation of Rs. 1 crore to families of police officers who died on duty during COVID-19 pandemic.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice on the plea moved by two advocates and a law student and listed it for hearing on May 19.

The respondents in the PIL are Delhi government, Chief Minister, Divisional Commissioner (Revenue) and the Commissioner of Police.

The plea places reliance on Delhi government’s cabinet decision dated May 13, 2020, announcing that an ex-gratia amount of Rs. 1 crore will be awarded to the families of those who died while performing COVID-19 duties.

Reference is also made to a tweet posted by Chief Minister Arvind Kejriwal on April 01, 2020, stating that families of those who served any COVID-19 patient will be given Rs. 1 crore as the government’s mark of respect for their service.

Appearing for the Delhi government, Standing Counsel Santosh Kumar Tripathi submitted before the court that 75 percent of applications seeking ex-gratia amount have already been entertained and that individual petitions seeking similar relief have already been filed in court. However, he said that a status report will be filed in the matter.

It is the case of the petitioners that after filing various RTI applications, it was revealed that 79 officers of the Delhi Police died during COVID-19 duty and the Delhi Government has not released the ex-gratia amount to most of the families till date.

“That as per the reply of RTI dated 13.02.2021 the petitioner got to know that 15 families of police officials who died in covid while discharging their duties have applied for demanding the ex-gratia amount of 1 crore to GNCT and was shocked to know that out of 15 compensation request files, 12 files are already rejected by GNCT without assigning any reason and remaining 3 are pending,” the plea states.

The PIL submits that the respondent authorities are bound by law of estoppel and ought to have not breached their promises made publicly. being a welfare state.

Otherwise, the same will affect the morale of the police force and will shake the faith of public in constitutional/ statutory authorities, the plea adds.

Title: Hinu Mahajan & Ors. v. GOVT OF NCT OF DELHI & ORS.