Facts
The petitioner’s son was employed by SS Enterprise, under contract to the Delhi Jal Board, as an operator of a pressure jet machine. He tested positive for COVID-19 on 28 July 2021 and died on 31 July 2021. The petitioner sought ₹1 crore in ex gratia compensation, claiming that her son had performed essential services during the pandemic
Source reference: pp. 1–2The State opposed the claim on the ground that he had not been deployed by the Government of NCT of Delhi for COVID-19 duties; it stated that other applicable financial assistance was being paid to his children
Source reference: p. 2Issues
Whether the petitioner was entitled to ₹1 crore in ex gratia compensation under Cabinet Decision No. 2835 dated 13 May 2020 for her son’s death from COVID-19
Source reference: p. 2, para. 5Whether performing routine duties during the pandemic, without specific deployment for COVID-19 duties by the Government, met the eligibility requirements under that decision
Source reference: pp. 2–3, paras. 6–7Law Applied
Cabinet Decision No. 2835 dated 13 May 2020 provides for ₹1 crore in ex gratia compensation to the family of a person—including a contractual employee in the Government or private sector—who dies after contracting COVID-19 while discharging duties for which the person was deployed by the Government of NCT of Delhi
Source reference: p. 3, para. 6The Court construed the decision as limited to employees assigned duties directly related to COVID-19, rather than employees performing routine duties during the pandemic
Source reference: p. 3, para. 7It also relied on Prem Wati & Ors. v. Govt. of NCT & Ors., 2026:DHC:6749-DB, in which the Division Bench affirmed the distinction between routine duties and specifically assigned COVID-19 duties
Source reference: p. 3, para. 8Reasoning
The Court found that the petitioner’s son had been performing his routine work and had not been specifically deployed by the Government for COVID-19 duties
Source reference: p. 4, para. 9Although his sanitation-related work was important to public welfare, the Court held that the Cabinet Decision’s eligibility condition was specific deployment for duties directly related to COVID-19. His death from the infection, without that deployment, therefore did not bring the petitioner within the decision’s scope
Source reference: pp. 3–4, paras. 7–9Holding
The Court held that the petitioner was not entitled to the claimed ₹1 crore ex gratia compensation under Cabinet Decision No. 2835.
The petition was dismissed
Source reference: p. 4, paras. 9–10Original Court PDF
AshavsState Of Nct Of Delhi And Ors
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