Facts
The petitioner’s husband, Kamal Kishore, was employed as a Safai Karamchari with the New Delhi Municipal Council since 2003. He tested positive for COVID-19 on 13 June 2020 and died from the infection on 17 June 2020.
Source reference: p.1–2, paras. 1–2The petitioner sought ex gratia compensation of ₹1 crore under Cabinet Decision No. 2835 dated 13 May 2020, which provided compensation to government or private-sector personnel deployed for COVID-19 duties who died after contracting the disease in the course of such duty.
Source reference: p.2–3, para. 3, 7Her claim was rejected on 24 January 2024 on the ground that her husband had performed routine sanitation duties and had not been assigned COVID-19-related duties involving the treatment, facilitation, or care of COVID-19 patients.
Source reference: p.2–3, para. 3She challenged that rejection before the High Court.
Source reference: p.2, para. 4Issues
Whether a Safai Karamchari who contracted COVID-19 and died while performing routine sanitation duties was entitled to ₹1 crore ex gratia compensation under Cabinet Decision No. 2835 dated 13 May 2020
Source reference: p.3–4, paras. 5, 7–10Whether the expression “deployed for COVID-19 duties” in Cabinet Decision No. 2835 included routine sanitation or essential-service duties not specifically assigned as COVID-19 duties
Source reference: p.3–4, paras. 7–10Law Applied
The Court applied Cabinet Decision No. 2835 dated 13 May 2020, which grants ₹1 crore ex gratia compensation to any temporary, permanent, or contractual employee in the government or private sector—including sanitation staff—who is deployed by the Government of NCT of Delhi for COVID-19 duties and dies after contracting the disease during the discharge of that duty.
Source reference: p.3, para. 7The Court interpreted the decision as covering only personnel directly assigned COVID-19 duties, and not employees merely performing their ordinary or routine duties during the pandemic.
Source reference: p.3, para. 8It also relied on the Division Bench decision in Prem Wati & Ors. v. Govt. of NCT & Ors., 2026:DHC:6749-DB, which recognised the distinction between COVID-19 duties and routine duties and denied compensation where the deceased employee had not been assigned COVID-19 duties.
Source reference: p.3–4, paras. 6, 9Reasoning
The Court held that the relevant requirement under Cabinet Decision No. 2835 was not merely that the employee contracted COVID-19 while working, but that the employee had been specifically deployed for COVID-19 duties.
Source reference: p.3, paras. 7–8Although the petitioner’s husband performed important sanitation work, the petitioner did not assert or establish that he had been assigned duties directly connected with COVID-19 treatment, facilitation, care, or other specifically designated COVID-19 functions.
Source reference: p.4, para. 10Applying the distinction affirmed in Prem Wati, the Court concluded that performance of routine sanitation duties, even if essential to public welfare during the pandemic, did not satisfy the conditions of the Cabinet Decision.
Source reference: p.3–4, paras. 9–10Holding
The Court answered the issues against the petitioner and held that her husband’s death, though occurring after he contracted COVID-19 while performing sanitation duties, did not fall within the scope of Cabinet Decision No. 2835 because he had not been assigned COVID-19 duties.
The writ petition was dismissed, and the pending applications were disposed of.
Source reference: p.4, paras. 11–12Original Court PDF
KamleshvsThe Govt Of Nct Of Delhi & Ors.
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