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2018 DIGILAW 2592 (JHR)

Parvati Devi v. State Of Jharkhand

2018-11-28

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the parties. 2. Jeetlal Mahto, husband of the petitioner died on 04.06.2006 due to electric shock while helping Electric Mistry (Technician) namely Maya Ram and Moti Mistry on 03.06.2006 in the presence of the Assistant Electrical Engineer, Prabhunath Singh, Switch Board Operator Rudra Nath Das during installation work of transformer at Tatisilway Power House. Petitioner is seeking compensation and compassionate appointment as well on her husband''s death. 3. Learned counsel for the Jharkhand Bijli Vitran Nigam Limited (JBVNL), Ranchi submits that as per the admitted facts, deceased was not an employee of Jharkhand State Electricity Board at the relevant point of time and therefore, claim of compassionate appointment is not maintainable. Claim of compensation could have been raised under Section 161 of the Electricity Act, 2003 before the Electrical Inspector who upon due enquiry would have determined the claim and liability of JBVNL, if any. He also points out that under the prevalent scheme for compensation in case of accidents vide notification no. 1417 dated 23.11.2002, compensation is to be given in case of accident, fatal or non-fatal. This scheme has subsequently been revised as well vide office order no. 1119 dated 25.09.2006, whereby compensation amount has been enhanced to Rs.2,50,000/- in case of fatal accident. 4. Learned counsel for the Respondent JBVNL submits that instructions have not been received as the case has been taken up for the first time. Petitioner has raised her claim after considerable delay. The fate of the criminal case i.e., Ranchi (Sadar) P.S. Case No. 94 of 2006 (Annexure-1) has not been stated. However, if so directed, competent authority/ Respondent no.6 can examine the claim of the petitioner in accordance with law. Learned counsel for the respondent submits that description of the area where Respondent no.6 is posted should be read as Ranchi Supply Circle, Ranchi instead of Ranchi Supply Division, Ranchi. 5. On consideration of submission of learned counsel for the parties and the relevant material facts pleaded and taken note above, this Court is of the view that petitioner should approach the competent Authority/ respondent no.6 General Manager cum Chief Engineer, JBVNL (earlier JSEB), Ranchi Supply Circle, Ranchi in respect of the instant claim. This Court refrains from expressing any opinion on the merits of the matter at this stage. This Court refrains from expressing any opinion on the merits of the matter at this stage. The competent authority/ respondent no.6 would examine the petitioner''s claim for compensation in accordance with law after scrutiny of the relevant material within a reasonable time preferably 12 weeks from the date of receipt of this order along with written representation of the petitioner supported with necessary documents. 6. The writ petition is disposed of accordingly.