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Delhi HC issues notice in plea seeking Rs 1 crore relief each to family of deceased Delhi judges

K. Venugopal, Family Judge, Saket District Courts, Delhi and Kamran Khan, Metropolitan Magistrate, Dwarka District Courts, Delhi lost their lives while performing their duties as frontline warriors.

The Delhi High Court on Monday has issued a notice on a plea seeking direction to the Delhi Government to immediately pay Rs 1 crore each to the kin of two deceased judicial officers of Delhi as ex-gratia relief.

K. Venugopal, Family Judge, Saket District Courts, Delhi and Kamran Khan, Metropolitan Magistrate, Dwarka District Courts, Delhi lost their lives while performing their duties as frontline warriors.

A bench led by Chief Justice D.N. Patel and Justice Jasmeet Singh issued notice to the Delhi Government, Secretary Department of Finance (GNCTD), Secretary Department of Home Affairs (GNCTD), Secretary, Department of Law, Justice & Legislative Affairs Govt. of NCT Delhi and the Delhi High Court through the office of the Registrar General. 

The petition has been filed by Advocate Tanveer Ahmed Mir in public interest seeking necessary relief regarding the unfortunate demise of judicial officers, court staff and registry officials of the Subordinate Judiciary of Delhi due to the Covid-19 pandemic, and such other consequential reliefs. 

The petitioner has submitted that he himself and his associate lawyers are deeply anguished at the fact of a number of judicial officers, court staff members & officials of the Registry, along with their family members, most, unfortunately, losing their lives due to the current pandemic of Covid-19, especially in its second wave post-March 2021. 

The plea stated, “A considerable number of officers of the lower judiciary, court staff & Registry officials at the moment are further undergoing a harrowing experience of not only being unable to meet the medical expenses of the treatment of their near and dear ones as well as family members but also a number of officers and their immediate relatives most unfortunately have lost their lives as well.”

“As the aforesaid judicial officers, court staff members, officials have undoubtedly laid down their lives in the line of duty, they are deserving of ex-gratia relief and assistance of the Respondent authorities and such other consequential reliefs as deemed appropriate,” it added. 

The petitioner stated that the respondent government paid an ex-gratia relief of Rs 1 crore to a police constable who died on account of Covid-19 thereby indicating a clear intent that if any of its employees contract the disease while discharging their duties, they will be paid the aforesaid amount of Rs 1 crore to their kith and kin. Yet most surprisingly no such step has been taken by respondents in the present petition qua a number of judicial officers as well as court staff in the implementation of justice and to that extent have lost their lives in most unfortunate circumstances in the line of duty, yet the respondents have shown little empathy towards such officers and their kith and kin.

The petitioner stated that he is anguished that the respondents being the relevant government authorities have showed little empathy towards the aforesaid officers, court staff members, who undoubtedly have laid down their lives in the line of duty and to this extent have performed the supreme sacrifice.

The petitioner has sought the following directions;

(a) Issue an appropriate writ, order or direction, holding that K. Venugopal, Ld. Family Judge, Saket District Courts, Sh. Kamran Khan, MM, Dwarka District Courts, Delhi lost their unfortunate lives while performing their duties as frontline warriors in the line of duty.

(b) Issue an appropriate writ, order or direction, directing respondents No. 1 to 4 to immediately and forthwith pay an amount of Rs 1 crore each to the kith & kin of the deceased judicial members as an ex-gratia relief.

(c) Issue an appropriate writ, order, or direction, directing the office of Registrar General, Hon’ble Delhi High Court (Respondent No. 5) to immediately collate and place on record the details of the members of other lower judiciary court staff, the court staff of the Hon’ble Delhi High Court who unfortunately may have lost their lives due to Covid-19 while performing their duties and in such cases, direct the respondents No. 1 to 4 to pay appropriate ex-gratia relief to their kith & kin not being less than Rs 50 lakh per officer/employee/court staff and further direct the respondents to provide employment to the next of the deceased on compassionate grounds.

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(d) Issue an appropriate writ, order or direction, directing the office of Registrar General, Hon’ble Delhi High Court (Respondent No. 5) to immediately collate and place on record the details of medical expenses that had been borne till date and would be borne in future by the members of lower judiciary, subordinate staff as well as the court staff of Delhi High Court and to place the same on record before this Hon’ble Court and issue appropriate directions to the respondents to ensure that all such medical expenses would be reimbursed irrespective of the fact whether the patients were hospitalized in empanelled hospitals or other private hospitals.

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