"Border Road Organization Officers Feel No Pain For Families Of BRO Personnel": Delhi High Court Orders 1 Yr Emoluments To Missing Son's Parents

Expressing displeasure at the Border Roads Organisation (BRO) for failing to release commensurate financial assistance to the family members of an officer, who has been missing since last year, the Delhi High Court on Friday ordered BRO to pay one year's emoluments of the officer to the parents.

A bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal specifically remarked:

"The officers of the respondents BRO appear to feel no pain whatsoever for the families of the personnel employed in the respondents BRO. Almost one year has passed since the son of the petitioner has been missing. Till date, no payment save as aforesaid, has been made"

The matter before the Court

The son of the petitioner was employed with the  Border Road Organization (BRO), as an Assistant Executive Engineer (Civil) (Group 'A') in the Border Roads Engineering Service and was deployed for monitoring Casual Paid Labour (CPL) Quarantine Camp at Minamarg in Leh.

On 22nd June, 2020, the vehicle in which the son of the petitioner was travelling, fell into a deep gorge and rolled into the fast-flowing Drass river on Zojila-Kargil-Leh road.

Since then, nothing is known about the son of the petitioner and his body also has not been recovered till now

The petitioner filed this petition, seeking mandamus to the respondents to find the missing son of the petitioner and to direct the BRO to provide financial assistance to the petitioner and his family. The counsel for the petitioner stated that prior to the filing of the petition, only a sum of Rs.40,000/- was received by the petitioner from the respondents.

The petition came up first before this Court on 15th April, 2021, when while issuing notice thereof, the BRO was directed to take a decision and make payment of whatever amount was deemed appropriate, to the petitioner and/or his wife, within four weeks thereof.

After that, the family approached the court stating that in spite of the family of the petitioner being in dire financial straits and in spite of the period of four weeks granted on 15th April, 2021 being over, no payment whatsoever had been made. 

Court's order

To this, the Court said, "The aforesaid shows an absolutely callous approach of the officers concerned of the respondents BRO."

In the aforesaid circumstances, the Court directed BRO to, on or before 15th June, 2021, release a sum equivalent to one year's emoluments of the son of the petitioner for the period since when he is missing, by way of bank drafts for equal amount in the name of the petitioner and his wife.

The Court said:

"The counsel for the petitioner, on enquiry has informed that the petitioner professes Mohammedan religion and under the inheritance law applicable to the son of the petitioner, the petitioner and his wife are the only heirs of the son of the petitioner. The amount so released shall be adjustable from the total amount found due to the heirs of the son of the petitioner."

If the payment would not be made on or before 15th June, 2021, the Court has remarked that the incumbent occupying the post of Director General, BRO shall be personally liable for non-compliance. 

Case title - Ramjan v. Union of India and Anr.

Counsel for petitioners :Abhinav Garg, Anshul Kumar, Bhanu Pratap

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