HHRC takes suo motu cognisance of employee declared 'dead' in Aadhaar records

The commission noted that non-payment of wages for work performed constitutes a violation of the employee's human rights, particularly the right to livelihood and dignity as guaranteed under Article 21 of the Constitution of India and reaffirmed in international human rights instruments.

Chandigarh: The Haryana Human Rights Commission has taken suo motu cognisance of a news report alleging that a Public Health Department employee was denied salary as his Aadhaar record wrongly showed him as "deceased."

The report -- published in a leading daily on August 12 -- said Vijay Kumar, a resident of Valmiki Basti, Ramlila Parao in Rohtak, is alive and continues to perform his duties regularly. He has been reportedly deprived of his lawful remuneration due to the administrative lapse, it said.

Upon review, the commission observed that the health department failed to update the employee's record on the Haryana Kaushal Rozgar Nigam Limited portal, despite being aware that the "deceased" status in Aadhaar was erroneous.

The full bench of the commission, comprising Chairperson Justice Lalit Batra and Members Kuldip Jain and Deep Bhatia, in its order dated August 14, noted that such treatment appears contrary to Article 7 of the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognises the right to just and favourable conditions of work, including remuneration ensuring a decent living for workers and their families.

The commission further noted that non-payment of wages for work performed constitutes a violation of the employee's human rights, particularly the right to livelihood and dignity as guaranteed under Article 21 of the Constitution of India and reaffirmed in international human rights instruments.

The department's inaction amounts to an arbitrary deprivation of earnings, impairing the complainant's ability to support himself and his family.

Reflecting on the situation, the commission recalled a sentiment from Shakespeare's famous play Julius Caesar.

"The Commission is reminded of the well-known sentiment from Shakespeare's play namely Julius Caesar, wherein it is suggested that the dead may, at times, wield greater influence than the living.

The present matter, however, reflects a grim inversion of that idea - a person who is unquestionably alive and faithfully performing his duties has, for official purposes, been treated as deceased. This erroneous classification has not only deprived him of his lawful remuneration but has also inflicted indigity and avoidable hardship," the commission observed.

To disregard the service of a living employee in such a manner is an administrative failing that the Commission cannot overlook, reads the order.

As per the order, the commission finds prima facie evidence of administrative negligence and vi­olation of the complainant's rights.

"The department's own records declare the complainant 'deceased', yet his daily presence at the workplace and faithful discharge of duties bear living testimony to the contrary.

This striking contradiction of acknowledging his work but denying him his wages underscores the urgency of immediate action to restore his salary, correct all records and ensure that no employee is ever again placed in such an anomalous and unjust position," the order states.

The commission has called for a report on the necessary corrections to the Aadhaar record of the complainant from the Additional Deputy Commissioner, Rohtak, and the Commissioner and Secretary, Citizen Resources Information Department (CRID), Government of Haryana, before the next hearing.

The HHRC has directed the engineer-in-chief, Public Health Engineering Department, Haryana, Panchkula; the Superintending Engineer, Public Health Engineering Department, Circle Rohtak; and Sandeep Kumar, Executive Engineer, Public Health Engineering Department, Rohtak, to submit a detailed report within four weeks.

The officials have been asked to cover: Steps taken to correct the complainant's status in all official records, including Aadhaar; measures to ensure immediate disbursement of all pending salary dues; and departmental accountability for the delay and the hardships caused.

The matter has been listed for hearing on September 23.