Key Points

This is despite the fact that he is alive and continues to discharge his duties regularly.

As a result of this administrative lapse, the employee has reportedly been deprived of his lawful remuneration for an extended period.

Upon review, the Commission observed that the Public Health Department failed to update the employee’s record on the HKRN portal, despite being aware that the “deceased” status in Aadhaar was erroneous.

This inaction has caused the complainant prolonged financial hardship and mental agony, undermining his right to work with dignity and creating unnecessary uncertainty.

The Commission expressed concern that such errors can severely affect an individual’s livelihood, confidence, and peace of mind.

The full bench of the Commission, comprising Chairperson Justice Lalit Batra and members Kuldip Jain and Deep Bhatia, 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 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 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' that 'sometimes the dead may exert greater influence than the living'.

However, the Commission observed that the present case revealed a stark inversion of that idea: a man undeniably alive, diligently performing his duties, is being officially treated as deceased. This erroneous classification not only deprived him of his rightful wages but also subjected him to indignity and unnecessary hardship.

Ignoring the service of a living employee in such a manner is an administrative failure that the Commission cannot overlook.

Finding prima facie evidence of administrative negligence and violation of the complainant’s rights, the Commission directed immediate action to restore the employee’s salary, correct all records, and ensure that no employee faces such an anomalous and unjust situation in the future.

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), before the next hearing on September 23.

- IANS