ORDER : 1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs : (i) To issue directions to the respondents to pay the compensation to the petitioner as the petitioner suffered 75% permanent disability due to electric shock while he was under active duty of the respondents, by issuance of writ of mandamus. (ii) To issue directions to the respondents to pay damage and medical expenses to the petitioner for making the petitioner 75% permanently disabled while he was under active employment of the respondents, by issuance of writ of mandamus. (iii) To declare the act of respondents by which the respondents have not paid compensation in favour of the petitioner as the petitioner suffered 75% permanent disablement while he was under active employment of the respondents, as ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and rules and also against the provisions of principles of natural justice, by issuance of writ of mandamus. 2. The aforesaid reliefs have been prayed on the premise that the petitioner working as a lineman in the respondents department suffered an electric shock while undertaking repairs of an electric line on 09.07.2009 in village Manyal Tehsil Thanamandi and sustaining multiple injuries resulting into the amputation of his left arm after having remained for considerable period of time in the hospital for treatment and that the petitioner on account of the amputation of his left arm sustained 75% disability and that an FIR as well of the incident came to be registered in Police Station, Thanamandi and that the respondents did not pay any compensation to the petitioner and instead paid half salary to the petitioner on account of the disability and that the petitioner have had requested the respondents for appointment of his son in his place on compassionate ground which request of the petitioner was not accepted by the respondents, thus, necessitating the filing of the instant petition. 3. Objections to the petition have been filed by the respondents wherein it is being admitted that the petitioner has been a permanent employee of the department having suffered 75% disability due to the electric shock received by him while under active duty. 3. Objections to the petition have been filed by the respondents wherein it is being admitted that the petitioner has been a permanent employee of the department having suffered 75% disability due to the electric shock received by him while under active duty. It is, however, further stated that the electric shock was received by the petitioner on account of his own negligence and notwithstanding that the petitioner immediately after the incident came to be shifted to district hospital, Rajouri by the other line staff present on spot and thereafter to Jammu Medical College by the department itself for treatment and that an amount of Rs.30,000/- came to be paid to the petitioner as was collected by the staff members for providing him financial assistance in the hospital and that the petitioner being the permanent employee of the department has been drawing full salary along with all allowances and that as such, the petitioner is not entitled to any compensation and that the medical reimbursement claim of the petitioner of Rs.71,602.95/- stands also made in favour of the petitioner in terms of order dated 18.10.2010 and since the petitioner is still working in the department as such, none of his dependants can be appointed in his place in the department. Heard learned counsel for the parties and perused the record. 4. During the course of hearing of the matter, the learned counsel for the petitioner produced the copies of the Govt. Order No. 328-PDD of 2011 dated 24.11.2011 issued by the Govt. of J&K, Power Development Department pertaining to the grant of ex-gratia relief to the departmental and non–departmental persons killed/grievously incapacitated due to electric related accidents and Govt. Order No. 454-F dated 24.10.2019 issued by the Finance Department of the Govt. of J&K to show that the amount of ex-gratia relief payable to the sufferers of electric related accidents stands enhanced, which position is not disputed and denied by the counsel for the respondents. Both these orders being relevant to the controversy herein are extracted and referred in extenso hereunder:- Government of Jammu & Kashmir Civil Secretariat, Finance Department. Subject:- Amendment in the Jammu and Kashmir Book of Financial Powers. Reference:- SAC Decision No. 27/22/20 dated: 22.10.2019. Both these orders being relevant to the controversy herein are extracted and referred in extenso hereunder:- Government of Jammu & Kashmir Civil Secretariat, Finance Department. Subject:- Amendment in the Jammu and Kashmir Book of Financial Powers. Reference:- SAC Decision No. 27/22/20 dated: 22.10.2019. Government Order No. 454-F of 2019 Dated:- 24.10.2019 Sanction is hereby accorded to the following amendments in the Jammu and Kashmir Book of Financial Powers:- In the Book of Financial Powers in Chapter 5.9 against S.No. 123-A(1), the column 'Extent' shall be recast as under:- S. No. Nature of Power To Whom Delegated Full powers within the Budget Provisions with the following scales: 123-A (1) To grant Ex-gratia Relief in favour of the employees of the PDD, other persons or their heir and to the owners of Domestic Animals, who are electrocuted and die, or are rendered fully/partially disabled due to the negligence of the PDD, subject to the conditions that:- (i) All the employees of the PDD, whether regular, DRW/Casual labour, Work Charged, Contingent paid etc. Engaged in the generation, transmission or supply of electrical energy in the Department, who are killed, incapacitated, wholly or partially during the course of discharging their bonafide and legitimate duties; (ii) Civilians, killed or injured, resulting in their partial or total disability, subject to the explicit condition that the accident is not attributable to them, but to the lapses, attributable to the PDD, as verified by the Director, TTI & C. (iii) Domestic animals killed by electrocution, caused due to lapses, attributable to the Department and verified by the Director, TTI & C. DCP Fully powers within the Budge Provisions with the following scales: A. Human Beings: I. In case of Death=Rs. 10.00 lacs. II. Total Disability=Rs. 7.50 lacs. III. Partial Disability=Rs. 2.00 lacs. In case of death of any employee, the Ex-gratia relief shall be paid to the legal heirs of the deceased. The payment shall be subject to the condition that the relief, granted by the Government under the Workman’s Compensation Act, shall be adjusted while making payment of the Ex-gratia relief. B. Domestic Animals i. Cow, bull, horse=Rs. 20,000 ii. Sheep/Goat=Rs. 5,000 By order of the Government of Jammu & Kashmir Sd/- (Dr. A.K. Mehta), IAS Finance Commissioner, Finance Department. No. A/68(01)-B-944 Dated:- 24.10.2019 Government of Jammu and Kashmir Power Development Department Civil Secretariat Srinagar/Jammu. B. Domestic Animals i. Cow, bull, horse=Rs. 20,000 ii. Sheep/Goat=Rs. 5,000 By order of the Government of Jammu & Kashmir Sd/- (Dr. A.K. Mehta), IAS Finance Commissioner, Finance Department. No. A/68(01)-B-944 Dated:- 24.10.2019 Government of Jammu and Kashmir Power Development Department Civil Secretariat Srinagar/Jammu. Sub: Grant of ex-gratia relief to departmental and non-departmental persons who are killed/grievously incapacitated due to electric related accidents. Reference: 1. Cabinet Decision No: 204/25/2011 dated 24.11.2011 2. Finance Department’s U.O No. A/93 (2010)-831 Dated 29.09.2011 and U.O No. PS/DS/1288 dated 28.110.2011. Government Order No. 328-PDD of 2011 Dated: 24.11.2011 In partial modification of Government order No. 273-PDD of 1994 dated 19.10.1994 and Government Order No. 25-PDD of 2011 dated 24.01.2011, a scheme for grant of ex-gratia relief to departmental and non-departmental persons who are killed/grievously incapacitated due to electrocution caused by the negligence of the Power Development Department is hereby sanctioned with the details as under:- 1. Coverage under the Scheme: The scheme shall be applicable to the following categories of departmental/non-departmental persons and also the domestic animals:- (i) An employee of the PDD whether regular, daily rated/PD/TDL or work charged of the executive cadre and also the casual labourer engaged in generation, transformation or supply of electric energy in the Power Development Department who is killed or rendered incapacitated wholly or partially during the course of discharging of his bonafide and legitimate duties. (ii) Civilians killed or injured resulting in their partial or total disability subject to the explicit condition that the accident is not attributable to them but to the lapses, if any, attributable to the department as verified by the Director, Training, Testing, Inspection and Commissioning (TTI&C). (iii) Domestic animals killed in electrocution accidents caused due to lapses, if any, attributable to the department and verified by the Director, TTI&C. 2. Cases where no ex-gratia relief shall be paid: No ex-gratia relief/compensation shall be paid in case where:- (a) The injured employee is under the influence of the liquor or drugs at the time of accident; or (b) Willful disregard of the injured employee to an order expressly given or to a rule expressly framed for the purpose of ensuring safety of the employees etc, is found; (c) Wilful removal or disregarded by the injured employee of a safety guard or other device which he knew to the provided for the purpose of safety. 3. 3. Rates of ex-gratia relief: Subject to the fulfillment of prescribed conditions, the rates of ex-gratia relief shall, henceforth, be paid on the following rates:- Human beings: (i) In case of death Rs. 3.00 lacs (Rs. Three Lacs only) (ii) Total disability Rs. 1.00 lac (Rs. One lac only) (iii) Partial disability Rs. 30,000/0 (Rs. Thirty Thousand only) Domestic animals: (i) Rs. 5,000/- (Rs. Five thousand only) for Cow, Bulls/Horses (ii) Rs. 1,000/- (Rs. One Thousand only) in case of Sheep/Goat. In case of death, the ex-gratia relief shall be paid to the next of kin of the deceased. The beneficiaries or his family, as the case may be, shall have to furnish an undertaking for adjustment of the relief granted by the Government against the compensation as may be allowed to the employees under the provisions of Workman’s Compensation Act. Free medical treatment shall be granted by the government to the daily wager/work charged employee who sustains an injury in accident while discharging his bonafide and legitimate duty till he recovers fully and there shall be re-imbursement of amount incurred on treatment/hospitalization for such claims shall be regulated in accordance with provisions of J&K Medical Attendance Rules. 4. Definition of family/disability: The meaning of the words ‘partial disability’ and ‘total disability’ shall be the same as is assigned in the definition section of the Workman’s Compensation Act. The meaning of the word ‘family’ shall be the same as defined in Jammu and Kashmir (Compassionate Appointment), Rules, 1994 sanctioned vide SRO-43 of 1994 dated 22.02.1994. 5. Accountability: In order to ensure accountability, the department shall fix responsibility for negligence of the concerned officer/officials, if any, in the electrocution accidents for not having observed norms as laid down in the Government order No. 273-PDD of 1994 dated 19.10.1994. By order of the Government of Jammu & Kashmir. Sd/- (Basharat Ahmad Dhar) IAS Commissioner/Secretary to Government Power Development Department 5. Admittedly the petitioner herein has suffered 75% disability on account of the electric related accident though prior to the issuance of Govt. Order No. 328-PDD of 2011, yet in view of the fact that the petitioner being still in service of the respondents, the respondents were under an obligation in law to pay to the petitioner the ex gratia relief under and in terms of said Govt. Order No. 328-PDD of 2011, yet in view of the fact that the petitioner being still in service of the respondents, the respondents were under an obligation in law to pay to the petitioner the ex gratia relief under and in terms of said Govt. Order dated 24.11.2011 for the disability suffered, more so, when the applicability of the said orders to the petitioner are not being denied or disputed by the respondents. The respondents, thus, are liable to be commanded to pay the ex-gratia relief to the petitioner for the disability he has suffered strictly in tune and in line with the Govt. Orders supra. 6. For the aforesaid reasons, the petition succeeds. Accordingly, the respondents are commanded to pay ex-gratia relief in tune with the Govt. Order No. 328-PDD of 2011 dated 24.11.2011 and Govt. Order No. 454-F dated 24.10.2019 in favour of the petitioner for the disability suffered by him along with interest @ 9% per annum from the date of issuance of the order dated 24.11.2011 till the date of its actual payment to the petitioner notwithstanding the medical reimbursement claim paid to the petitioner. The respondents shall carry out the aforesaid directions preferably within a period of eight weeks from today. 7. Disposed of accordingly along with connected application(s), if any.