HC to state: Pay kin of cop who drowned during duty

GANESH CHAVAN, A HEAD CONSTABLE WITH THE STATE RESERVE POLICE FORCE (SRPF), WAS ON DUTY AT THE MAOIST-HIT GADCHIROLI DISTRICT

MUMBAI: The Bombay high court (HC) has directed the state to accord the benefits that the family of a head constable, who lost his life during an operation, is entitled to.

Ganesh Chavan, a head constable with the State Reserve Police Force (SRPF), was on duty at the Maoist-hit Gadchiroli district when he and three of his colleagues were asked to help take out a state transport bus stuck in mud near the Border Road Organisation camp at Medapalli.

The four personnel reached the spot with a tipper truck to pull out the bus and successfully completed the rescue operation.

However, while returning to the camp, the truck swept away in river Pamulgautam and all the four personnel died by drowning.

As per a November 28, 2008, government resolution (GR), Chavan’s family received salary from SRPF, which he was earning while on duty. However, following an order of the state government in July 2019, the salary was discontinued.

Aggrieved by the loss of the income, Chavan’s wife approached the Bombay high court (HC) seeking directions for the continuation of the salary and other compensatory benefits which Chavan was eligible to get.

A division bench of justice KK Tated and justice NR Borkar, while hearing her petition was informed by advocate Vishwasrao Deokar that Chavan was the sole bread winner of the family and after his untimely death they had survived on his salary from the past decade. Deokar further informed the court that Chavan’s family was still awaiting the other compensatory benefits which have remained pending since his death.

The state in its affidavit, filed through additional government pleader Karan Thorat, submitted that the director general of police (DGP), Maharashtra, had written a letter to the state on May 12, 2010, seeking appropriate orders over sanctioning compensation and other benefits to Chavan’s family. The state had sought details regarding help given to the families of the four personnel, the status of compassionate appointment to them and the status of a first information report (FIR) registered at Lahiri police station against the driver.

The affidavit further stated that a magistrate court had found that the driver of the truck had been guilty of rash and negligent driving, which resulted in the vehicle getting swept away in the river and the four deaths, and hence, he was convicted.

In light of this conviction, the state rejected the proposal of the DGP, and hence, the payment of the salary to Chavan’s family was stopped from August 2019.

After hearing the submissions, the bench observed that the driver’s conviction had nothing to do with the payment of salary and other compensatory benefits to the families of the four police personnel and the only question which arose was if Chavan had died during an anti-maoist, anti-terrorist or rescue operation. As Chavan had died after carrying out the rescue operation, his family was eligible for compensation as per the 2008 GR and hence, the state was bound to pay the family.

The court then set aside the July 2019 order of the government and directed the state to accord within two months the benefits that Chavan’s family are entitled to in the 2008 GR as also the arrears, and disposed of the petition.