- (1.) We have heard learned counsel on both sides. This order is in furtherance of the earlier order made on 19th August, 1992 and concerns the prayer of the petitioner that the remaining 1 lakh of persons who were also identified as eligible beneficiaries for the interim relief, be accorded the same benefit. In the course of the said earlier order dated 19th August, 1992, we had occasion to say: "What emerges from the above position is that a large segment of eligible beneficiaries who were put at risk by exposure to the lethal gas on the fateful night, is not paid the interim compensation. The stand of the Union of India, is, indeed, not one of denial of the entitlement of these persons to the interim relief. The stand is that the scheme itself was intended to be a temporary scheme for a period of three years from which more than two years were over; that the work of quantification of the compensation in these cases has commenced and that in view of the fact that whatever is paid under the interim relief, is ultimately to be recovered from the amount finally determined, we should not interfere at this stage. It is urged that any exercise at this stage would lead to this that what is paid . today might become recoverable very shortly. It then depends on how soon final compensation could be expected to be determined in these cases. Here the track record of the process of determination of compensation appears discouraging. It would appear that\so far only in 2000 cases quantification has come to be made as submitted by learned Additional Solicitor-General. From the submissions no prospect of acceleration of the. process in the immediate future can be predicated. We desired to know what steps are being taken to accelerate this process of disposal of the large number of claims now pending. On a correct appreciation of the possibilities in this behalf, it will be possible to appreciate the contention of the Union Government which is that the payment of arrears would not be appropriate inasmuch as the same has to be recovered immediately in the near future. We adjourn this matter by two weeks to have this matter examined so that we will be in a position to decide whether the entire arrears should be ordered to be paid or not. However, this makes no difference to the obligation to pay the interim relief at least from the date of the filing of this application and to continue to pay the interim relief till the scheme lasts. We direct the Union Government to pay the arrears to all those who were found entitled to interim relief irrespective of the limitation of the number of 5 lakh persons, such interim relief as is paid to others namely Rs.200/- per months from 1st March, 1992. The arrears upto 31st August, 1992 shall be paid within two months from today. Interim relief from 1st September, 1992 shall be paid regularly till the scheme lasts or the adjudication on the claim is made whichever event happens earlier."
(2.) On the previous occasion, we had enquired of the learned Additional Solicitor-General whether the claims lodged by these persons could be taken up for final disposal on a priority basis in which event we might consider deferring the payment of the arrears of interim relief relating to the period between 1.4.1990 and 29.2.1992 and to await the final determination of the claims as, indeed, whatever was payable by way of interim relief, was ultimately liable & to be adjusted against and deducted from the compensation finally determined. In response, the learned Additional Solicitor-General submitted today that the matter was within the jurisdiction of the Welfare Commissioner appointed under the Act and all that the Union of India could do - and which it has done - is to suggest to the Welfare Commissioner the desirability of taking up the cases of these persons on a priority basis. There was thus no definite assurance forthcoming that such a step would be taken. We are afraid, the submission of the learned Additional Solicitor-General on behalf of the Union of India, to the extent it goes, is neither here nor there. We quite see the possible impediments in the way of such a preferential treatment to be given to these claims. It is stated that the claims arising out of fatal accidents are taken up on priority basis.
(3.) In these circumstances, the claims for payment of the arrears must be decided on their merits. On a consideration of the matter, we think the only reasonable way in which these persons, who are said to be eligible for interim relief and have been kept out of it, could be placed on par with the 5 lakh other beneficiaries who have been paid interim relief, is to direct the Union of India to pay these persons identified as eligible for interim relief, at Rs.200/- p.m. for a period of 3 years from 1.3.1992, irrespective of the date of termination of the scheme which is stated to end on 31st March, 1993. This extension of the period in the cases of these eligible beneficiaries is on account of the fact that they did not have the benefit of interim relief for the period between 1.4.1990 and 29.2.1992 and payment to these persons commenced only from 1.3.1992. Therefore, in their cases, the extension of the scheme beyond 1st April, 1992, for the corresponding period of 23 months, appears necessary and justified. This will, as far as is now practicable, place these claimants on par with others who were eligible for and did receive the interim relief right from 1.3.1990 onwards. The writ petition is disposed of accordingly.;