Kartik Kumar Mahato, son of Late Akhileshwar Mahto v. Director (HRD), Damodar
2017-03-27
S.N.PATHAK
body2017
DigiLaw.ai
ORDER : Heard the parties. 2. In the instant writ petition, prayer has been made for employment of petitioner as father of petitioner died-in-harness during service period. At the outset, Mr. Arvind Kumar Sinha, learned counsel for petitioner confine his prayer for one time settlement as per the scheme and makes prayer that the case should be disposed of in view of the fact that petitioner is ready for one time settlement as per the scheme. FACTUAL MATRIX 3. The father of petitioner was employed as a Khalasi at Chandrapura Thermal Power Station under Damodar Valley Corporation who died on 26.05.2005 while in service. It is stated that the service of father of petitioner was terminated as per the letter of the Personnel Manager dated 27.06.2005 after the death as per Annexure-2. It is further stated that after the death, petitioner represented for appointment on compassionate ground enclosing all the educational certificates but no steps were taken by the respondents for appointment on compassionate ground neither any information was given to the petitioner. 4. Learned counsel for the petitioner, Mr. Arvind Kumar Sinha submits that father of petitioner died-in-harness and as such he deserves to be appointed on compassionate ground but as per latest instruction received, the petitioner wants his case to be settled as per the scheme by way of one time settlement. 5. Counter affidavit has not been filed. Mr. Srijit Choudhary, learned counsel for the respondent-Damodar Valley Corporation submits that though no counter affidavit has been filed but the respondents are ready to consider the representation of the petitioner by way of one time settlement as per the scheme. Learned counsel for the respondents, Mr. Choudhary submits that a fresh representation is need to be filed along with undertaking given by the petitioner for one time settlement as per the scheme. 6. Be that as it may, on hearing rival submissions of the parties this Court is of the considered view that suffice it will be if the petitioner makes fresh representation along with undertaking for one time settlement as provided under the scheme. Let the petitioner make a fresh representation before the respondent authorities along with the scheme and if the same is filed, the respondent authorities are directed to consider the same within a period of six weeks from the date of receipt of representation along with copy of order of this Court. 7.
Let the petitioner make a fresh representation before the respondent authorities along with the scheme and if the same is filed, the respondent authorities are directed to consider the same within a period of six weeks from the date of receipt of representation along with copy of order of this Court. 7. With the aforesaid observations, this writ petition stands disposed of.