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Kamlesh vs. The Govt of NCT of Delhi & Ors.

Writ Petition (Civil) · 2026:DHC:8284Decided 23 Sept 2026New Delhi Bench
W.P.(C) 14029/2026CNR: DLHC010455712026
Justice Amit Mahajan

Background

Kamlesh's husband, a Safai Karamchari (sanitation worker) with the New Delhi Municipal Corporation, contracted COVID-19 and died on 17 June 2020. She sought Rs. 1 crore ex-gratia compensation under a Delhi Government Cabinet Decision that promised this amount to employees who died after contracting COVID-19 "while on COVID-19 duty." Her claim was rejected on the ground that her husband was performing routine sanitation duties, not duties specifically assigned as COVID-19 duty.

Decision Breakdown

The Court examined the Cabinet Decision's text closely and held that it was expressly limited to employees who were "deployed for COVID-19 duties," not those merely performing their regular jobs (even essential ones like sanitation) during the pandemic. It relied on a recent Division Bench ruling of the same Court that had drawn the same distinction between routine and COVID-specific duties. Since it was undisputed that the deceased was not assigned any COVID-specific role, the Court held the compensation scheme did not cover his case and dismissed the petition.

Lesson Learnt

Government compensation schemes tied to specific criteria (like being "deployed for COVID-19 duty") are read strictly according to their actual wording: sympathy for essential workers who died during the pandemic does not, by itself, extend eligibility beyond what the scheme's own terms specify.

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