Supreme Court orders Uttarakhand Govt. to pay Rs. 1 crore to family of doctor killed on duty after 9 years of legal battle

Supreme Court: In a matter concerning the non-compliance of the proposal to pay Rs 50 lakhs compensation to the family of a government doctor, who was tragically shot dead while working at a Community Health Centre in April 2016, the division bench comprising Justices JK Maheshwari and Aravind Kumar held that, in light of the gravity of the incident, the sanction for compensation must be honored, and the amount should be paid along with interest. The total amount, including interest for approximately nine years, was quantified at Rs. 1 crore. Out of this, Rs. 11 lakhs had already been paid. The Court directed that the remaining Rs. 89 lakhs be paid within six weeks, and compliance with this order must be reported to the Registry on affidavit by the next date of listing.

The Court noted that the Government, through the Chief Secretary, had initially proposed to provide financial assistance of at least Rs. 50 lakhs as an ex-gratia payment to the family of the deceased doctor, who tragically lost his life during an attack by assailants while on duty at the hospital. This proposal was approved by the Chief Minister of the State at the relevant time. However, despite this approval, only a sum of Rs. 1 lakh was eventually disbursed, with the explanation that, according to the applicable Rules, such a substantial amount could not be paid.

The Court was informed that the family of the deceased has been granted various benefits, including Leave Encashment, General Provident Fund, Family Pension, Gratuity, and Group Insurance Scheme. Additionally, the son of the deceased has been appointed as a Junior Assistant in the Health Department on compassionate grounds, in compliance with the interim order issued by this Court on 18-10-2021. Furthermore, a sum of Rs. 10 lakhs, as directed by this Court, has also been paid to the family.

The Court viewed that prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years. The family’s request to release the sanctioned amount was not fulfilled, with the excuse being the non-approval of the release.

The Court concluded that, given the gravity of the incident, the sanction must be honored, and the amount should be paid along with interest. Consequently, by adding interest for approximately nine years, the total amount is quantified at Rs. 1 crore. Out of this sum, Rs. 11 lakhs have already been paid. Therefore, the remaining Rs. 89 lakhs must be paid within six weeks, and compliance with this order should be reported to the Registry on affidavit on or before the next date of listing.

The matter will next be taken up on 22-04-2025.