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J&K High Court · body

2015 DIGILAW 190 (JK)

Radha Devi v. National Hydroelectric Power Corporation. Ltd

2015-04-17

N.PAUL VASANTHAKUMAR

body2015
Judgment : 1. This writ petition is filed praying for issuance of writ of mandamus directing the respondents to appoint the petitioner against any suitable post commensurate to the status of the petitioner on compassionate grounds due to death of husband of the petitioner in harness while in service. 2. The case of the petitioner is that she is widow of late Sh. Kewal Krishan, who was serving in respondent-Corporation as Beldar and died in harness on 21.11.2001. The deceased was the sole bread earner of the family who left behind the petitioner along with three minor school going children. 3. The petitioner applied for appointment on compassionate grounds before the 2nd respondent, but no action has been taken. The petitioner issued a legal notice to the respondents through her counsel on 08.02.2004 which was received by respondent No.2 on 16.03.2004. In response to the legal notice, respondent No.2 stated that the case of the petitioner could not be considered for appointment on compassionate grounds due to non-availability of posts in the unskilled category in the Corporation, however, the Corporation is examining a suitable scheme to provide relief to the petitioner and other similar cases pending on their file and it was assured that as and when the scheme is formulated and approved, the application of the petitioner will be considered along with other similar cases. It is submitted that after waiting for more than four years petitioner again approached the 2nd respondent even then the petitioner s claim has not been considered as promised in terms of communication dated 21.04.2004. 4. In such circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider the claim of the petitioner seeking appointment on compassionate grounds and pass appropriate final orders on merits in accordance with law within a period of six weeks from the date of receipt of copy of this order.