Delhi govt had decided, as an exception, to give Rs 1 crore to family of an ex-serviceman, who had committed suicide during an OROP protest
It was revealed on Tuesday that the Cabinet decision of granting Rs 1 crore compensation to the family of ex-serviceman Late Ram Kishen Grewal was rejected by the Lieutenant Governor (L-G) of Delhi four times. The L-G had stated that the specific case did not fall within the parameters of the scheme concerned.
The Delhi government made these submissions in a counter-affidavit, filed in the Delhi High Court (HC), in response to a plea filed by Advocate Avadh Kaushik, which has challenged the government decision to grant the compensation to Grewal's family. The public interest litigation (PIL) has also opposed the Aam Aadmi Party (AAP) government's decision to declare Grewal a martyr.
The ex-serviceman had committed suicide by consuming poison during the One Rank One Pension (OROP) protest.
The third time, L-G Anil Baijal had stated: "If the Hon'ble Chief Minister is still not convinced and so desires, the matter may kindly be referred to the Council of Ministers as per Rule 49 of the Transaction of Business Rule (TBR), as requested."
On November 4, 2016, the Cabinet had approved the release of the compensation to the family of Grewal by making an exception to the ex-gratia scheme for war widows, war disabled, PoWs, missing in war and operation etc.
Then on March 3, 2017, CM Arvind Kejriwal met the L-G and requested that the Cabinet decision be implemented. Baijal, however, refused to do so, stating that the specific case did not fall within the parameters of the scheme, i.e death occurring in the discharge of official duty.
Not averted by this, the proposal was once again sent to the L-G for re-consideration, with statement that Baijal had not considered the Cabinet decision to make an exception for retired Subedar Kishen, who consumed poison on November 1, 2016. The Delhi government admitted that there was neither a statutory scheme nor a Central government scheme in this regard, and that it was purely a decision of the Delhi government, finalised by Delhi Cabinet.
"The Delhi government had itself made an exception to the scheme to allow payment to the next of kin of late Grewal. There should be no reason as to why the Delhi Cabinet, which has made the policy, cannot amend the policy or provide exception to the same," the annexure stated.
But the decision was turned down for the third time, with the CM stating that "the L-G had not agreed to concur with the decision of the elected government" and this showed that it was a "clear case of difference of opinion" between the L-G and the elected government.
Baijal had said that the underlying principle for grant of ex-gratia was death or injury occurring during the discharge of official duty or display of exemplary valour, while this was a case of suicide by consuming poison.
The proposal was sent once again, on July 12, 2017, but to no avail. The matter is now pending with the Ministry of Home Affairs (MHA).
AS PER RULES
- Anil Baijal had said that the underlying principle for grant of ex-gratia was death or injury occurring during the discharge of official duty or display of exemplary valour, while this was a case of suicide by consuming poison.
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