Delhi HC directs BRO to release one year emoluments to family of missing BRO engineer or face liability

By Amiya Kumar Kushwaha
New Delhi [India], June 6 : The Delhi High Court has directed the Border Roads Organisation (BRO) to release a sum equivalent to one year's emoluments to the family of Subhan Ali, who went missing in June.
"We may record that 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," a division bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal said.
The Court said that the amount so released shall be adjustable from the total amount found due to the heirs of the son of the petitioner.
The Court also made it clear that if the payment as aforesaid is not made on or before June 15, the incumbent occupying the post of Director General, BRO shall be personally liable for non-compliance.
On June 22 last year, Ali, a native of Balrampur district in UP, had gone missing after the vehicle in which he was travelling with a driver fell into the Drass river from the Zozila-Kargil-Leh road.
After working as a Junior Engineer at DDA, Subhan joined the BRO in January 2020. Leh was his first posting.
The Court was hearing a petition filed by one man seeking to find the missing son of the and to direct the respondents BRO to provide financial assistance to the petitioner and his family.
The petition by the counsel Advocate Abhinav Garg, Anshul Kumar and Bhanu Pratap seeking the court's direction for financial assistance to his family, Justice Rajiv Sahai Endlaw and Justice Amit Bansal on Friday noted that in spite of the period of four weeks granted on April 15, 2021 being over, no payment whatsoever has been made.
The court also noticed the callous approach of the officers concerned of the respondents BRO that even after much time respondent, BRO have not paid financial assistance. The Court also noted that 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 has been made after filing the petition.
During the hearing, the counsel for the petitioner Abhinav Garg said that Ali's family was facing financial hardship as they were totally dependent on the younger son. The counsel said the government and BRO "have neither paid any salary nor provided the petitioner's family with any financial assistance" despite earlier order granting 4 weeks' time by the Court.
High Court directed counsel for the respondent's BRO to inform the Director-General, BRO of this order, to ensure compliance.