M. Sridhar Acharyulu DECISION
M. Sridhar Acharyulu, Information Commissioner
1. Appellant: Represented by Mr. Bhoop Singh.
Public Authority: Mr. V.K. Suman, APIO, Finance Dept.
Background
2. Appellant is mother of a young doctor, who was working with the respondent public authority. She is seeking information about compensation for his untimely death due to exposure to swine flu during his service. Not satisfied with PIO's reply on 21.08.2015, appellant filed First Appeal and approached the Commission.
Analysis:
3. The appellant's son Dr. Dinesh Kumar Singh was Sr. Resident (Anaesthesia) at Chacha Nehru Bala Chikitsalaya, who died on 3-3-2015 because of exposure to Swine-flu while on duty. The family was not paid compensation. Public Grievance system (PGMS) rejected her grievance petitions thrice. She filed RTI request with PIO of CMO for reasons and copy of file-note-sheet. The CMO transferred the application to offices of (1) Health & Family Welfare, (2) Finance and, (3) Divisional Commissioner. The Finance department has sent it back to H&FW department. It is not known why CMO transferred it to them, and why none gave any information.
4. The law mandates that if any employee dies during course of employment, his family or legal representatives are entitled to compensation from the employer, whether private or Government. For injury or death of worker due to working conditions, the employer has to compensate the injured or family of the deceased employee as per Workmen's Compensation Act, 1923. This Act says, if personal injury caused to a worker by accident arising out of and in the course of his employment his employer shall be liable to compensate..... There are plethora of judgments of Supreme Court and High Courts holding that categories of 'injury' included 'death' and 'accident' meant and extended to 'decease' contacted at workplace. Being largest employer, state is expected to be benevolent to perform its duty to take care of its employee's family, if he dies during course of his duty. The 'ex gratia' paid by the Governments to policemen killed during performance of their duty or army men killed in war is in fact, their legitimate right to get compensated.
5. The Delhi State Government has enhanced compensation to Rs. 1 crore for officers in uniform if killed on duty. In April 2016 Rs. 1 crore was given to kin of NIA officer Mohd. Tazil Ahmed, who was killed by two assailants. Same amount was given to kin of Narottam Das, CRPF Jawan killed in February 2016 in Maoist Attack in Bihar, and to family of Constable Vinod Kumar killed in December 2013. Delhi Government has also given Rs. 1 Crore while Union Government announced Rs. 25 lakh to family of NDMC estate officer M.M. Khan who was killed by some assailants.
6. On April 1, 2015 the Delhi Government announced: "The policy will cover officers of the Delhi Police, personnel of the armed forces and paramilitary forces hailing from Delhi, personnel from other forces serving the Delhi government, civil defence and home guards. As per media report, Dy. Chief Minister Mr. Sisodia stated: "If any of these personnel die in the line of duty, the Delhi Government will provide a compensation of Rs. 1 crore to their families. This is to honour a life laid down in the service of the people". This Cabinet decision made Delhi the state awarding the highest compensation to families of uniformed personnel killed while performing duties to safeguard the lives and properties of citizens.
7. The Election Commission rules from 2014 made following policy:
I. An amount of Rs. 10 lakhs as the minimum amount to be paid to the next of kin of the official in the unfortunate event of death of the official while on election duty.
II. If the death is unfortunately caused due to any violent acts of extremist or unsocial elements like, road mines, bomb blasts, armed attacks, etc. the amount of compensation would be Rs. 20 lakhs.
III. In the case of permanent disability, like loss of limb, eye sight, etc., a minimum ex-gratia payment of Rs. 5 lakhs would be given to the official (which would be doubled in the case of such mishaps being caused by extremist or unsocial elements as aforesaid).