Harkesh Singh v. Government Of NCT Of Delhi & ORS.
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HARKESH SINGH ..... Petitioner Through:
Mr. Vivek Kumar Tandon, Mr.
Darshnik Narang and Ms. Prerna Tandon, Advocates (DHCLSC) versus GOVERNMENT OF NCT OF DELHI & ORS.
..... Respondents Through:
Ms. Latika Choudhury, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.01.2024 1.
The Petitioner has approached this Court seeking compensation for the injuries suffered by him during discharge of his duties and for the reimbursement of the expenses incurred by him for undergoing the treatment for the injury suffered by him on 10.10.1997. 2.
The Petitioner states that he joined the Delhi Home Guard Services in the year 1992 and was posted in Karol Bagh Police Station by the Delhi Police. He states that on 10.10.1999, while he was deployed to manage the crowd at the Durga Pooja event organized in Karol Bagh, he was injured by a mob. It is stated that he was taken to the R B Seth Jessa Ram Hospital by Head Constable Prabhu Dayal wherein he was given treatment. 3.
It is stated that the Petitioner has spent a substantial amount of money on his treatment and has approached this Court seeking compensation to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
tune of Rs.20 lakhs.
4.
The material on record discloses that the Petitioner was selected for training camp on 14.10.1992 by the Home Guard Training Centre. Material on record also discloses that the Petitioner was transferred from one Police Station to another by various orders passed by the Delhi Home Guard (North District).
5.
The counter affidavit filed by the Respondent states that no record is available to indicate that the Petitioner was ever appointed as a Home Guard rather the counter affidavit states that the Petitioner was enrolled as Home Guard Volunteer in the year 2005 and had he been injured in the year 1997, it would not have been possible to re-enroll him in the Home Guard Services in the year 2005. The stand of the Respondent cannot be accepted in view of the letter dated 14.10.1992 by which the Petitioner has been asked to undergo training at Home Guard Training Centre and orders dated 08.12.1992, 01.01.1996, 23.09.1998, which discloses that the Petitioner was working as a Home Guard and was being transferred to various Police Station.
6.
Learned Counsel for the Respondents states that there was no policy for grant of compensation for any injury suffered by a Home Guard at the time when the incident took place and the policy came only on 16.07.2014, under which if a Home Guard suffers grievous injuries while on duty or under training, then he is entitled to compensation for the sum of Rs.30,000/-.
7.
Be that as it may, in view of the fact that the record indicates that the Petitioner was deployed as a Home Guard in various Police Stations from time to time and material on record indicates that the Petitioner has suffered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
grievous injuries, this Court is inclined to apply the circular dated 16.07.2014 to the present case and the Respondents are directed to pay a sum of Rs.30,000/- within a period of four weeks from today as compensation to the Petitioner for the injuries suffered by in the course of his duty.
8.
The writ petition is disposed of along with pending application(s), if any.
SUBRAMONIUM PRASAD, J JANUARY 9, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.