IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 21487 of 2008(G) -------------------------- PETITIONER(S): --------------- 1. CHANDINI SAM S.P.,W/O LATE DR. VINU V., AGED 40 YEARS, T.C. NO.11/918,NRA -12, GANABHARANAM ROAD, NALANDA, KAVADIAR P.O., THIRUVANANTHAPURAM. 2. MAHIMA V.C (MINOR) D/O LATE DR. VINU V., AGED 8 YEARS, REPRESENTED BY CHANDINI SAM S.P. (MOTHER), T.C. NO.11/918,NRA -12, GANABHARANAM ROAD, NALANDA, KAVADIAR P.O., THIRUVANANTHAPURAM. 3. MARIOCA (MINOR) D/O LATE DR. VINU V., AGED 4 YEARS , T.C. NO.11/918,NRA -12, GANABHARANAM ROAD, NALANDA, KAVADIAR P.O. THIRUVANANTHAPURAM,REPRESENTED BY CHANDINI SAM S.P. (MOTHER). BY ADV. SRI.N.UNNIKRISHNAN SRI.K.JAYAKUMAR (RAVIPURAM) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE (J) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVNANTHAPURAM. 3. THE DISTRICT -MEDICAL OFFICER OF HEALTH, HOSPITAL ROAD, ERNAKULAM. 4. THE DEPUTY DISTRICT MEDICAL OFFICER OF HEALTH, HOSPITAL ROAD, ERNAKULAM. MR.P.NANDAKUMAR, GOVERNMENT PLEADER FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21487/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ENQUIRY REPORT DATED 18/08/2007. P2 : COPY OF CHART SHOWING THE HIERARCHY OF PROMOTION IN THE HEALTH SERVICES. P3 : COPY OF REPRESENTATION DATED 02/08/2006 SUBMITTED BY THE 1ST PETITIONER'S FATHER. P4 : COPY OF ORDER NO.3033/A1/05 H&FWD DATED 07/07/2006. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21487 of 2008 --------------------------------- Dated, this the 20th day of October, 2009 J U D G M E N T Husband of the 1st petitioner and father of petitioners 2 & 3, Dr.Vinu.V, was working as an Assistant Surgeon at the Primary Health Centre, Manjallor, Muvattupuzha. He was aged 37. It is stated that while so, Dr.Vinu.V had succumbed to multi organ failure on 07/06/2004 at Medical Trust Hospital, Ernakulam as a result of a rare infection of viral origins caused to him while on duty. 2. The 3rd respondent conducted an enquiry into the cause of death of late Dr.Vinu.V. on the directions of the 1st respondent, and Ext.P1 enquiry report was submitted. In Ext.P1, it was stated by the 3rd respondent that as tests for Dengue & Leptospirosis were negative, a retrospective diagnosis of rare infection of viral origin is the only plausible answer. Having regard to the fact that the deceased was infected while on duty, the 3rd respondent stated that a befitting compensation for death while on duty is highly recommended. 3. Although, such recommendation was made, there was no action whatsoever was taken, and therefore, 1st petitioner's father made Ext.P3 before the Minister for Health requesting for suitable WP(C) No.21487/2008 -2- compensation. It is stated that thereafter, the 1st respondent issued Ext.P4 order informing the father of the 1st petitioner that his request for sanctioning compensation is not admissible as per the Rules, and therefore, the request is rejected. 4. Admittedly, the deceased suffered infection while on duty, and if that be so, even in the absence of Rule for payment of compensation, nothing prevents the Government in paying exgratia compensation to the dependents. Now a days, any such payments are being made in several instances, including to victims of political disturbances. In such a situation, I see why the Government should not do the needful in a case of this nature. Therefore, the absence of Rule, by itself, alone cannot be a reason for rejecting the claim. For that reason, I am inclined to set aside Ext.P4. Therefore, Ext.P4 is set aside, and the 1st respondent is directed to reconsider the claim of the petitioners for compensation for the untimely death of Dr.Vinu.V. The matter shall be reconsidered and orders in that behalf shall be passed as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg