Delhi High Court: A Division Bench of Manmohan and Sanjeev Narula, JJ. while addressing a petition with regard to extending benefits of Hazard or Risk Pay to the health workers who dealing with or treating COVID-19 patients, stated 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.
Petitioner seeks the benefits of Hazard or Risk Pay to the health workers who dealing with or treating COVID-19 patients, as the same are provided to officers of high-active field areas such as country’s borders or counter-insurgency operations.
He relied on Press note with regard to 7th Central Pay Commission Report released by Government of India to support his contention.
For the above, Court said that nowhere in the 7th Central Pay Commission Report recommendation of payment of Hazard or Risk pay to health workers deployed on COVID-19 duty is mentioned.
Bench on perusal of the submissions of petitioner, noted that he had not even filed a representation seeking any relief either with the State of Centre before approaching this court.
Hence the Court while appreciating the efforts of Health Workers stated that,
“..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.”
Thus in view of the above petition was dismissed. [S.K. Rout v. MoHFW, 2020 SCC OnLine Del 575 , decided on 05-05-2020]