ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J MUKHOPADHAYA)
The matter regarding relief and rehabilitation measures for the riot victims of communal violence in Gujarat of 2002 was considered by the Central Government which decided to sanction ex-gratia assistance in the following manner by their letter dated 27.4.2007 (Annexure - D, Pg. 23) :-
(i) In case of death, involving 1169 cases, an ex-gratia assistance of Rs. 3.5 lakhs would be paid in addition to the assistance already given by the State Government.
(ii) In case of injury, involving 2548 cases, an ex-gratia assistance of Rs. 1.25 lakhs would be paid minus the assistance given by the State Government.
(iii) For damage of residential property and uninsured commercial/industrial property, an ex-gratia of 10 times the amount given by State Government less amount already paid.
2. Additional relief and rehabilitation to give compassionate appointment to the children/family members of those who died in the riots of 2002 was taken by the Central Government by their letter dated 14.5.2007 (Annexure - F, pg. 34) which reads as follows :-
(a) Children/family members of those who died in the riots of 2002 will be given preference in recruitment in para-military forces, IR Battalions, State Police Forces, Public Sector Undertakings and other State and Central Government Departments by giving necessary age relaxation.
(b) The Central Government/State Governments may launch a special recruitment drive to accommodate eligible members from riot affected families.
(c) Those who had lost their jobs would be allowed to rejoin by treating the period of absence as ‘dies-non’.
(d) Those who had to leave their jobs due to riots and have already crossed the age of superannuation may be given necessary pensionary benefits by relaxing the normal rules to the extent possible.”
3. In the present public interest litigation, the grievance of the petitioners is that about 36 families were not rehabilitated and apart from ex-gratia assistance which was given by the State, nothing is paid towards damage to residential property and uninsured commercial/industrial property pursuant to the Central Government decision dated 27.4.2007 (Annexure - D).
4. During pendency of the case, the State Government rehabilitated the rest of the families. The grievance is in two fold.
(i) Ex-gratia assistance towards damage to residential property and uninsured commercial/industrial property to the tune of 10 times of the ex-gratia amount has not been paid in favour of those families; and
(ii) appointment to the children/family members of those who died in riots of 2002 has not been provided by the State Government.
5. No specific statement has been made as to what steps have been taken by the Central Government to give employment to the children/family members of those who died in the riots of 2002 in the Central Government departments, Central Government public sector undertakings or para-military forces or IR Battalions, etc.
6. It appears that the Central Government initially ordered to release Rs. 50 crores by their order dated 23.12.2008 issued from the Ministry of Home Affairs/Grih Mantralaya, New Delhi, Another sum of Rs. 212.44 crores was ordered to be released by another order dated 30.3.2009, thereby about Rs. 262.44 crores were released towards additional ex-gratia assistance for the victims of Gujarat riots of 2002.
7. The State Government has taken a plea that 99% of the amount has already been disbursed to the riot victims with reference to the items mentioned in the letter dated 27.4.2007 i.e 1167 cases of death, 2548 cases of injury and towards damage to residential property and uninsured commercial/industrial property. After such release, they have received further information with regard about 752 riot victim families of 2002. Therefore, the State Government has asked the Central Government to release more amount for payment to the rest of the 752 riot victim families.
8. The Under Secretary, Ministry of Home Affairs, New Delhi, in his affidavit dated 23.6.2010 stated that an amount of Rs. 333.99 crores has so far been released by the Central Government to the Gujarat Government for disbursement amongst the victims in death and injury cases and for damages to the residential properties. There is only one component of the Central Government assistance that remains to be paid to the victims involving damage to the uninsured commercial/industrial properties. It has been assessed that for the payment of additional ex-gratia amount to the victims for damage to uninsured commercial/industrial properties, an amount of Rs. 85.75 crores would be required and a demand has been raised to get the budgetary support in the next batch of supplementary. Further stand taken by the Central Government is that in the month of February, 2010, the Government of Gujarat forwarded a communication to the Ministry of Home Affairs giving the list of 752 cases for consideration for the release of Central ex-gratia assistance for damage to residential properties which is in additional to 29,467 cases considered earlier as per the list sent by the State Government. The State Government has been asked to provide sufficient and convincing reason for not including these cases in the list of victims sent earlier by letter dated 9.4.2010
9. The learned counsel appearing on behalf of the State submits that the State Government by letter dated 15.6.2010 has already forwarded the reasons to the Director, Government of India, Ministry of Home Affairs, New Delhi, which reads as follows :-
“Sub: Relief and Rehabilitation of the victims of Gujarat riots of 2002 Proposal for grant of central assistant for additional cases of damages tor residential properties - Regarding
I am directed to refer to your letter No. F. 14034/3/2006-NI.I dated 9/4/2010 on the above subject and to say that for consideration of additional claims for damaged to residential properties, the major reasons of those cases are as under :-
1. Ahmedabad District. 327 cases .. 24252579/- Rs. loss of record for temporary time omission of name of beneficiaries in the list.
2. Dahod District. 134 cases, 11337300/- Rs. Due to taking up of re-survey process, names of beneficiaries was not possible to update in time.
3. Sabarkantha District, 291 cases, 33632415/- Rs. Mistake of summing up in the list of Sabarkantha District.
Ahmedabad District - 629 cases 38005128/- Rs. beneficiaries is being sent herewith (List is appended here with)
Looking in to consideration the circumstances, revealed above, you are requested to reconsider the case and reasons, revealed above, grant may please be released at the earliest.”
10. So far as the employment is concerned, we have noticed that nothing is stated by the Central Government as to what steps have been taken by the Central Government to give employment to the children/family members of the riot victims of 2002. The State Government in their affidavit has taken a plea that they have only one policy of compassionate appointment i.e employment to the dependents of the deceased employees. There is no such scheme to give employment to the dependents of riot victims.
11. The learned counsel appearing on behalf of the petitioners apprehended that the dependents of the riot victims will also not be considered for compassionate appointment even in the offices of the State Government, but such apprehension seems to be incorrect as accepted by the learned Counsel for the State that if any dependent of deceased employee who is found to have died during the riots claims for appointment and is found eligible, his case will be considered for such appointment.
12. In the facts and circumstances, we issue following directions for the present :-
(i) The authorities of the Central Government are directed to take a decision for release of further ex-gratia assistance for damage to the residential properties pursuant to latest requisition made. The decision in one or other way be taken and if it decides to release any amount, necessary budgetary support be raised and placed in the next batch of supplementary.
(ii) The amount of Rs. 85.75 crores as would be required towards the uninsured commercial/industrial properties of the riot victims, such amount be also released, if necessary budgetary support be raised and placed in the next batch of supplementary.
(iii) They will file an affidavit giving status report by the next date and also state as to what steps have been taken by the Central Government for giving employment to the children/family members of the riot victim families of 2002.
(iv) The State Government in their turn is directed to take a decision with regard to compassionate appointment of the dependents of the riot victims in the State services or State public sector undertakings in terms of the policy decision of the Central Government as communicated by letter dated 14.5.2007 Such a decision be taken, taking sympathetic attitude towards the dependents of the riot victims.
(v) If any amount is released by the Central Government, the State Government will disburse the amount to the concerned riot victim families and report to the Court.
(vi) The parties will file status report by the next date.
Post the matter on 6th September, 2010.
Let a copy of this order be handed over to the learned counsel for the petitioners, Mr PK Jani, learned Government Pleader for the State and Mr PS Champaneri, learned counsel for the Central Government for information to the concerned officers of both the Governments.