The Court held that an employee of the General Reserve Engineer Force is entitled to ex gratia lumpsum compensation even after evacuation for medical treatment from a conducive high-altitude area to one with lower altitude, as the medical condition arose during duty.
Order directing respondents to pay Rs.15,00,000/- as ex gratia lumpsum compensation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
WP(C) NO. 4501 OF 2019
PETITIONER:
MINI U.,
AGED 39 YEARS
W/O.LATE HAJI KUMAR, GANDHIPURAM HOUSE, MUTHUKULAM
SOUTH PO, DISTRICT ALAPPUZHA, KERALA-690 506.
BY ADVS.
U.BALAGANGADHARAN
SRI.R.PRADEEP KUMAR
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE (BORDER ROADS), GOVT. OF INDIA, SOUTH BLOCK, NEW DELHI-110 001.2 THE DIRECTOR GENERAL OF BORDER ROADS, SEEMA SADAK BHAWAN, RING ROAD, NARAINA, DELHI CANTT., NEW DELHI-110 010.3 THE CHIEF ENGINEER, HQ CE (P) DEEPAK, PIN-931709, C/O.56 APO.4 THE OFFICER COMMANDING, 108 RCC (GREF), PIN-930108, C/O.56 APO.BY ADV
SRI.JAGADEESH LAKSHMAN
CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.4501 of 20 19
2
JUDGMENT
Dated this the 4 th day of July, 2023
The petitioner is widow of late Haji Kumar, who was an employee of General Reserve Engineer Force ( which forms part of Indian Army, according to the petitioner). The petitioner is aggrieved by denial of ex gratia lumpsum compensation provided under the liberalized scheme of payment of ex gratia lumpsum compensation.
benefits. However, the petitioner has not been paid ex gratia
WP(C) No.4501 of 20 19
3
lumpsum compensation payable to the families of employees who died while on duty in specified high altitude areas.
WP(C) No.4501 of 20 19
4
Haryana High Court as per Ext.P10. Th e petitioner is similarly situated and is entitled to like benefit, contends the petitioner.
6 . Central Government Counsel entered appearance for
respondents and resisted the writ petition. A counter affidavit has been filed on behalf of the respondents. In the counter affidavit the respondents stated that on 07.07.2012, the petitioner’s husband suffered severe chest pain and he was evacuated to Government Medical College Hospital, Chandigarh immediately. On 15.06.2012, the petitioner’s husband had suffered a chest pain. He was evacuated to the nearest Army MI Room Dogra Scout, where after giving first aid, he was referred to a hospital in low altitude area, it being a case of Hypertension. The petitioner’s husband was admitted to District Hospital Rampur on 16.06.2012. He was discharged on 17.06.2012 and again on 07.07.2012 at 10.30 Hrs the petitioner’s husband was admitted to the Government Medical College Hospital, Chandigarh due to Heart Attack.
WP(C) No.4501 of 20 19 5
(Lahaul and Spiti) which is a high altitude area. On the claim of the petitioner based on Ext.P2, the respondents stated that ex gratia lumpsum compensation is payable only to the families of the Central Government Employees, whose death occurred during performance of their bona fide official duties in the specified high altitude areas, inaccessible border post, etc. on account of natural disasters or extreme weather conditions. The petitioner’s husband was deployed in the area in question while climatic condition were pleasant with temperature near about 20-25 degree celsius. The death of the petitioner’s husband is due to his constitutional health issues and was not as a consequence of his posting in a high altitude area. Therefore, there is no merit in the writ petition and it is liable to be dismissed, contended the respondents.
WP(C) No.4501 of 20 19
6
high altitude area, at an altitude of 3014 meters above the mean sea level. The fact that the said area is a high altitude area is admitted by the respondents. The petitioner’s husband suffered a chest pain on 15.06.2012. He had no previous instance of cardiac problem. The temperature at the unit location was less than 2 degree celsius on that day. The petitioner’s husband had to be evacuated due to the medical condition to the nearest Army MI Room Dogra Scout. Later, he was admitted to District Hospital, Rampur on 16.06.2012. The petitioner’s husband was sent to OC 507 SS & TC (GREF), Chandigarh on temporary attachment for his further treatment as per Annexure-R4(a).
WP(C) No.4501 of 20 19
7
in a high altitude area. The petitioner’s husband was evacuated to District Hospital, Rampur and later to Government Medical College Hospital, Chandigrah as a consequence of the Cardiac problem. In the facts and circumstances of the case, there cannot be any doubt that the Cardiac issue arose while the petitioner’s husband was discharging his duties in a high altitude area. Shifting the petitioner’s husband to Rampur or Chandigarh was not by way of transfer for discharging duties. It was for the purpose of medical treatment. In such circumstances, the respondents are not justified in contending that the petitioner’s husband’s death did not occur in a high altitude area.
ex gratia lumpsum compensation is available to the families of Central Government employees, who died in the performance of
WP(C) No.4501 of 20 19
8
their bona fide official duty under various circumstances. Clause 11(d) would indicate that the amount of ex gratia lumpsum compensation payable in the cases of death occurring while on duty in the specified high altitude, inaccessible border posts etc. on account of natural disasters, extreme weather condition, would be Rs.15,00,000/-. In view of Exts.P1 and P2 Office Memorandum, this Court is of the firm view that the petitioner is eligible to get ex gratia lumpsum compensation provided by the Government as the petitioner’s husband’s death was attributable to his working in a high altitude area and his demise was due to medical conditions while he was working in the high altitude area.
Writ petition is hence allowed. The respondents are directed to pay an amount of Rs.15,00,000/- towards ex gratia lumpsum compensation to the petitioner within a period of one month.
AMR
Sd/N .NAGARESH JUDGE
WP(C) No.4501 of 20 19
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APPENDIX OF WP(C) 4501/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 |
TRUE COPY OF GOVT. ORDER DATED 11.09.1998FOR PAYMENT OF EX-GRATIA LUMP SUMCOMPENSATION TO FAMILIES OF CENTRAL GOVT.EMPLOYEES. |
|---|---|
EXHIBIT P2 |
TRUE COPY OF GOVT. ORDER DATED 02.09.2008FOR LIBERALIZED SCHEME OF PAYMENT OF EX-GRATIA LUMP SUM COMPENSATION TO FAMILIESOF CENTRAL GOVT. EMPLOYEES. |
EXHIBIT P3 |
TRUE COPY OF THE APPLICATION DATED21.03.2017 SUBMITTED BY THE PETITIONER TO4TH RESPONDENT. |
EXHIBIT P4 |
TRUE COPY OF THE LETTER DATED 29.7.2017ISSUED BY 4TH RESPONDENT TO THEPETITIONER. |
EXHIBIT P5 |
TRUE COPY OF THE LAWYER NOTICE DATED08.04.2018 ISSUED TO 2ND RESPONDENT. |
EXHIBIT P6 |
TRUE COPY OF THE LETTER DATED 04.10.2018ISSUED BY 4TH RESPONDENT TO THEPETITIONER. |
EXHIBIT P7 |
TRUE COPY OF 1ST RESPONDENT LETTER DATED16.02.2015 REGARDING APPLICABILITY OF EXGRATIA LUMP SUM COMPENSATION TO GREFEMPLOYEES. |
EXHIBIT P8 |
TRUE COPY OF THE JUDGMENT DATED 18.4.2017OF HON'BLE HIHG COURT OF PUNJAB & HARYANAIN CWP 6894/2015. |
EXHIBIT P9 |
TRUE COPY OF THE JUDGMENT DATED 21.8.2017IN LPA NO.1525/2017 OF HON'BLE HIGH COURTOF PUNJAB & HARYANA (DIVISION BENCH). |
EXHIBIT P10 |
TRUE COPY OF THE HON'BLE SUPREME COURTORDER IN SLP DIARY NO.18649/2018 DATED06.07.2018. |
WP(C) No.4501 of 20 19
10
EXHIBIT |
P11 |
TRUE COPY OF THE JUDGMENT DATED 27.05.2015OF HON'BLE HIGH COURT OF DELHI IN WPC3527/2013. |
|---|---|---|
EXHIBIT |
P12 |
A TRUE COPY OF THE GOVT. ORDERNO.BRDB/03/18/2017/GE-1/GE-II (EX-GRATIA)DATED 26.02.2019. |
Exhibit |
P13 |
A TRUE COPY OF THE MEDICAL RECORDS DATED16.06.2012 OF REGIONAL HOSPITAL, RECKONGPEO, HIMACHAL PRADESH. |
Exhibit |
P14 |
A TRUE COPY OF THE MEDICAL RECORDS DATED17.06.2012 OF MAHATMA GANDHI MEDICALCOLLEGE RAMPUR DISTRICT, HIMACHAL PRADSH. |
Exhibit |
P15 |
A TRUE COPY OF THE MEDICAL RECORDS DATED17.06/2021 OF MEDICAL DEPARTMENT, HIMACHALPRADESH. |
RESPOND |
ENTS’ |
ANNEXURES |
Annexure R4[a] |
A TRUE COPY OF THENo.128/1542/03/E1 |
MOVEMENT ORDERDATED 18-06-12. |
|---|---|---|
Annexure R4[b] |
A TRUE COPY OF THERECEIVED FROM THECHANDIGARH DATED 2 |
DEATH CERTIFICATEMUNICIPAL CORPORATION3-07-2012. |
Annexure R4[c] |
A TRUE COPY OF THEEXAMINATION REPORTMEDICAL COLLEGE SE07.07.2017. |
HISTOPATHOLOGYRECEIVED FROM GOVTCTOR 32 CHANDIGARH DATED |
Annexure R4[d] |
A TRUE COPY OF THEREPORT OF VISCERACENTRAL FORENSIC LCHANDIGARH DATED 0 |
CHEMICAL EXAMINATIONRECEIVED FROM THEABORATORY SECTOR 36A3-12-2012 |
Annexure R4[e] |
A TRUE COPY OF THECERTIFICATE ISSUED165269HUDC SANJEEVMEDICAL OFFICER OF |
ATTRIBUTABILITYIN RELATION OF EXGS-KUMAR SINGH BY SENIORHQ 16 BRTF. |
2 issues framed by the court
Whether an employee denied ex gratia lumpsum compensation for death during high altitude duty is entitled to the benefit considering evacuation for treatment?
Whether the Scheme under Ext.P2 is applicable to General Reserve Engineer Force employees?
Colour shows how this judgement treated each authority
Punjab and Haryana High Court judgmentReferred¶32
C.W.P No.6894 of 2015
Punjab and Haryana High Court Division Bench judgmentReferred¶32
LPA No.1525/2017
Mini U.
Union of India
Director General of Border Roads
Chief Engineer, HQ CE (P)
Officer Commanding, 108 RCC (GREF)
N.Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N.Nagareesh
Parties & counsel