Key Points
SC mandates Rs 1 crore compensation for doctor killed on duty
State initially paid only Rs 1 lakh despite approval
Compensation includes interest over 9 years
A bench of Justices J.K. Maheshwari and Aravind Kumar noted that only a sum of Rs 1 lakh was paid to the family of the deceased doctor despite the then Chief Minister approving a decision to pay a compensation of Rs 50 lakh.
"We are prima facie of the view that even after approval of the proposal to pay Rs 50 lakh to the family of the deceased by the Chief Secretary, it has not been honoured and the family is litigating since more than nine years. (I)n our view, looking at the gravity of the incident, the sanction must be honoured and the amount be paid along with interest. Thus, adding interest for about 9 years, we quantity the amount in total Rs1 crore," the Justice Maheshwari-led Bench said.
In its judgment, the top court noted that though the state government, through the Chief Secretary, had proposed to pay at least a sum of Rs 50 lakh financial assistance as ex-gratia payment to the family of the deceased and the said note was approved by then Chief Minister but an amount of Rs 1 lakh was paid on the pretext that under the applicable rules, such huge amount cannot be paid.
It recorded the submission of the state government that the family of the deceased have been granted leave encashment, GPF, family pension, gratuity, and GIS and the son of the deceased has been appointed on compassionate ground as Junior Assistant in the Health Department.
Earlier in September 2018, the Uttarakhand High Court had directed the state government to pay Rs 1.90 crore to the family of the deceased, who was posted at CHC, Jaspur, as a paediatrician when he was shot dead.
Aggrieved, the Uttarakhand government moved the Supreme Court contending that the computation of compensation done in the impugned decision was not justified.
Asking the state government to honour its own sanction along with interest, the apex court asked for the filing of a compliance affidavit before the registry and listed the matter for the next hearing on April 22.
"We quantity the amount in total Rs 1 crore. Out of the said amount, Rs 11 lakh has been paid, therefore, the remaining Rs 89 lakh be paid within a period of six weeks and compliance may be reported to the Registry on affidavit on or before the next date of listing," it told the state government.
