The Supreme Court of India has issued a strong reprimand to the Uttarakhand Government for failing to provide the promised ex-gratia compensation to the widow of a government doctor who was shot dead while on duty in a hospital in April 2016. Despite an official decision approved by the then Chief Minister to grant Rs.50 lakh, the family was forced into prolonged litigation for nearly nine years.
Expressing deep concern over the delay, the Supreme Court directed the State to pay Rs.1 crore in compensation to the family, including interest accrued over the years.
"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 honored, and the family has been litigating for more than nine years. The request for releasing the sanctioned amount was rejected on the pretext of non-approval. Looking at the gravity of the incident, the sanction must be honored, and the amount be paid along with interest," the Supreme Court stated in its order.
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Considering the delay and the financial hardship faced by the family, the Court recalculated the compensation, adding interest for nearly nine years, and fixed the total amount at Rs.1 crore. Since Rs.11 lakh had already been paid, the State was ordered to pay the remaining Rs.89 lakh within six weeks.
Background of the Case
The tragic incident occurred on April 20, 2016, when a government doctor was shot dead by assailants while working at a Community Health Centre (CHC) in Jaspur. Following the incident, the Chief Secretary of Uttarakhand proposed financial assistance of Rs.50 lakh, which was subsequently approved by the Chief Minister. However, only Rs.1 lakh was disbursed under the pretext that existing rules did not allow such a large ex-gratia payment.
The case reached the Uttarakhand High Court in 2018, which directed the government to pay Rs.1.99 crore in compensation to the widow of the deceased doctor, along with 7.5% annual interest. The court also emphasized the enforcement of 'The Uttarakhand Medicare Service Persons and Institutions (Prevention of Violence and Damage to Property) Act, 2013' and extraordinary pensionary benefits to the doctor’s family.
"The petitioner's husband was performing his official duty at CHC, Jaspur, when he was shot dead. The Chief Minister had approved Rs.50 lakh as compensation, but only Rs.1 lakh has been paid so far. The State Government had a duty to protect the petitioner's husband, and killing a doctor while on duty is a complete negation of the rule of law," the High Court noted in its order.
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The State of Uttarakhand challenged this order in the Supreme Court, arguing that the family had already been granted financial benefits, including leave encashment, GPF, family pension, gratuity, and GIS. Additionally, the deceased doctor's son was given a government job as a Junior Assistant in the Health Department on compassionate grounds as per a Supreme Court interim order from October 18, 2021. The State also informed the Court that Rs.10 lakh had been paid as per earlier directions.
The State contended that the High Court had wrongly applied the multiplier method used in motor accident compensation cases, making the amount unsustainable.
After hearing the arguments from both sides, the Supreme Court ruled in favor of the doctor’s family and ordered the government to pay Rs.1 crore in total. Since Rs.11 lakh had already been disbursed, the remaining Rs.89 lakh must be paid within six weeks. The State has also been directed to submit a compliance affidavit to the Court.
The matter will be considered again on April 22 to ascertain compliance.
Senior Advocate Gaurav Bhatia appeared for the State.
Senior Advocate Vijay Hansaria appeared for the respondent
Case : The State of Uttarakhand v Sarita Singh and others | SLP (c) 19840-19841/2021
