COVID-19: High Court Seeks Delhi Govt's Stand On Compensation Policy For On Duty Deaths In Hospitals/ Non-Requisitioned Nursing Homes

The Delhi High Court has recently sought the stand of the Delhi Government about the policy framed by it regarding the compensation payable to doctors, nurses, security staff, sanitation staff, paramedical staff and other attendant staff, who were working with private or public hospitals or running private nursing homes that were not requisitioned for treatment and who died during the COVID-19 wave.A division bench comprising of Justice Rajiv Shakdher and Justice Poonam A. Bamba 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 response is sought on or before May 25.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.During the course of hearing on April 20, counsel appearing on behalf of the petitioner apprised the Court that the petitioner had already deposited Rs. 90 lakhs with the Debt Recovery Tribunal. The Court said that the counsel for the bank will inform on the next date of hearing, as to what was the outstanding amount, if any, payable by the petitioner.The matter will now he heard on May 25. In January this year, the predecessor bench dealing with the matter had 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.Distinction Between Doctors, Paramedic Staff For Granting COVID Ex Gratia Amount By Delhi Govt Not Justified: High CourtThe Court had 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.Earlier, the Delhi Government, on instructions, had submitted that according to its cabinet decision, the ex-gratia amount is granted only 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.It was also 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 had earlier said.It had 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."Case Title: SHAKUNTALA DEVI v. PNB HOUSING FINANCE LTD AND ANRClick Here To Read Order

COVID-19: High Court Seeks Delhi Govt's Stand On Compensation Policy For On Duty Deaths In Hospitals/ Non-Requisitioned Nursing Homes

Nupur Thapliyal

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