On Tuesday, the High Court of Delhi dismissed a plea seeking direction to make provisions for the payment of salaries to the health workers in time while appreciating efforts of medical professionals but expressing its inability to create a law or policy & seek to enforce it.
A Division Bench of Justice Manmohan & Justice Sanjeev Narula said: “Undoubtedly, the health workers are doing commendable job under very odd & difficult circumstances, but it is settled law that the Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies within the sphere of legislature or executive.”
The Court said that “If there is a law, the Court can certainly enforce it; but Court cannot create a law or policy and seek to enforce it”.
The Court was hearing a plea filed by SK Rout seeking direction to Centre to make provisions for the payment risk & hardship allowance, incentives in form of bonus, additional salary to the health workers, who are presently serving on the frontline in view of the present lockdown situation due to COVID-19.
The petitioner also sought direction to the respondents to identify such health workers who are above the age of 48 years with health conditions such as diabetic etc & direct not to deploy them in any duty which comes in direct or indirect contacts with COVID-19 patients. The plea also sought direction to the respondents to supply the basic Personal Protection Equipments (PPE) to all health workers.