LPA 638/2026 Page 1 of 5 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision - 14.08.2026 # CNR No. DLHC010376402026 + LPA 638/2026 & CM APPL. 54172/2026 PREM WATI & ORS. .....Appellants Through: Mr.Mohd.Faisal with Ms.Preeti Gothwal, Ms.Renu Chaudhary, Advs. versus GOVT. OF NCT & ORS. .....Respondents Through: Ms.Avni Singh with Mr.Vaibhav Sharma, Ms.Harshita Raj, Ms.Sanskriti Nautiyal, Advs for GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ (ORAL) 1. Against the dismissal of W.P.(C) No.2136/2023 instituted by the appellants before the learned Single Judge, vide impugned order dated 14.11.2024, the instant intra-Court appeal has been preferred. 2. At this juncture, we may note that the claim put forth by the appellants by instituting the underlying writ petition was that the order dated 11.02.2021 passed by the SDM (HQ) Revenue Department, GNCTD, whereby their request for grant of ex-gratia compensation of Rs.1 crore as per Cabinet Decision no.2835 dated 13.05.2020 was declined, be quashed and the respondents be directed to grant them the said ex-gratia payment. 3. The appellants are the legal heirs of one Late Mr.Akhilesh Chandra, Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 Signature Not Verified LPA 638/2026 Page 2 of 5 who was working as a shift in-charge/electrician with the Delhi Jal Board, GNCTD during COVID-19 pandemic and the ex-gratia compensation amount was claimed by them by stating that during the 1st wave of COVID- 19, Late Mr.Akhilesh Chandra was deployed as shift in-charge and water pump operator at Okhla Sewage Treatment Plant, New Delhi and on 09.05.2020 he began experiencing symptoms indicating COVID-19 infection, as a result of which he was taken to Holy Family Hospital, where he was tested positive for COVID-19 and thereafter, he was admitted to Dr.Ram Manohar Lohia Hospital, however, he succumbed to COVID-19 infection and died in the evening of 09.05.2020. 4. The appellants applied for grant of ex-gratia compensation as per Cabinet Decision of GNCTD dated 13.05.2020, according to which if any employee including doctors, nurses, paramedical staff etc., was deployed on COVID-19 duties, expires by contracting the COVID-19 infection during discharge of his duties, his family members shall be granted ex-gratia compensation of Rs.1 crore. 5. However, claim of the appellants was rejected by the SDM concerned vide order dated 11.02.2021, giving the reason that their claim was not covered by the Cabinet Decision for the reason that the deceased employee was not deployed for COVID-19 related duties. 6. During the pendency of the writ petition, the learned Single Judge, vide an order dated 18.07.2023, observed that the issue required consideration and, accordingly, it was directed that the said issue relating to claim of the appellants be placed before the Group of Ministers for taking a decision on all the pending cases of ex-gratia compensation of Rs.1 crore. 7. The Group of Ministers took a decision in its meeting held on Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 Signature Not Verified LPA 638/2026 Page 3 of 5 25.09.2023, whereby the claim of the appellants was rejected, citing the reason that the case did not fall within the ambit of the Cabinet Decision dated 13.05.2020. The reason given by the Group of Ministers for rejecting the claim of the appellants for payment of ex-gratia amount is extracted herein below:- “As per directions of the Hon’ble High Court, the case of Late Sh.Akhilesh Chandra was placed before the Group of Ministers in the meeting. The GoM observed that the documents i.e. Report of Death Audit Committee issued by DGHS, mandated by the Cabinet Decision are not available in this case. The GoM noted that the officers/officials working in Govt. department were performing their routine duty during Covid. Usual duty during Covid pandemic and Covid duty are two different thing. It was noted that Sh.Akhilesh Chandra was performing only his routine duty as Shift In-charge. It is in no way on a Covid duty or a duty related to Covid treatment, facilitation or care of Covid patients. The GoM concluded that the case is not related to Covid duty. Accordingly, the Group of Ministers was of the considered view that the case of NOT covered under the provisions of Cabinet Decision No.2835 dated 13.05.2020.” 8. The said decision of the Group of Ministers rejecting the claim of the appellant was contested before the learned Single Judge, who, vide the impugned order, has returned a finding that Cabinet decision dated 13.05.2020 provides that ex-gratia compensation will be payable to the families of employees who were deployed for COVID-19 duties and died during discharge of these duties. The learned Single Judge concurred with the opinion of the Group of Ministers that there is a distinction between the COVID-19 duties and routine duties and further that COVID-19 duties are understood to be the specific COVID-19 related responsibilities such as Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 Signature Not Verified LPA 638/2026 Page 4 of 5 duties involving treatment, facilitation or care of COVID-19 patients. The learned Single Judge has also opined that the rationale for such decision was to recognise the extraordinary risks faced by such individual employees engaged in high risk duties and, accordingly, to compensate the families of such employees who died, as such employees were under high risk of getting the infection on account of their exposure to COVID-19 patients. 9. The learned Single Judge has also returned a finding that the facts in the case of Pooja v. State of GNCT of Delhi & Ors. [W.P.(C) 5923/2021] were distinguishable for the reason that the deceased in the said case got infected while performing COVID-19 specific duties whereas in the present case, the deceased employee was engaged in his routine responsibilities as a shift in-charge and water pump operator. 10. Based on the records available before the learned Single Judge, a categorical finding has been recorded in the impugned order that though the deceased employee in this case was engaged in duties which are vital to public welfare such as ensuring uninterrupted functioning of water supply system, however, since the Cabinet Decision dated 13.05.2020 limited the ex-gratia compensation in case of death of employees who were assigned duties directly related to COVID-19 as such, the appellants are not entitled to the compensation as was prayed. 11. In view of the distinction between COVID-19 specific duties and routine duties, as already discussed by learned Single Judge, we are also of the opinion that the Cabinet Decision dated 13.05.2020 covered only those families, where the deceased employee died on account of COVID-19 infection contracted during discharge of COVID-19 specific duties and not during discharge of routine duties. Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 LPA 638/2026 Page 5 of 5 12. For the reasons aforesaid, we do not find any good ground to interfere with the impugned order passed by the learned Single Judge. 13. Accordingly, the appeal along with pending applications is hereby dismissed. 14. No orders as to costs. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J AUGUST 14, 2026 S.Rawat Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37