AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner has filed the present writ petition being aggrieved by the order of respondent No.3-Chief Engineer, Madhya Pradesh Poorv Kshetra
Vidyut Vitran Co. Ltd. (MPPKVVCL), Rewa (M.P.), contained in Annexure P/1. By said order, Chief Engineer has rejected the application of
petitioner for grant of compassionate appointment.
Application of petitioner was rejected on the ground that father of petitioner namely Tejbali Kushwaha died on 09/07/2005. The cause of death was
not due to electrocution but he had received injury on his head by hard and blunt object. The assault on petitioner’s father was murderous in nature
and police had registered a case against the accused persons, who had also been arrested. It was further held in the order that his father did not die
during the course of duty and death was due to murderous assault on him. There was no electric line at the spot where his dead body was found. In
the circumstances the case of petitioner namely Balakrishna Kushwaha, who is son of Tejbali Kushwaha, was rejected.
As per petitioner respondent had issued a circular on 12/12/2014. As per the circular if death of a person has occurred between 15/11/2000 to
10/04/2012, due to an untoward accident, electrical accident, murder by assaulters or death in regular accident, then dependent of such deceased may
be considered for grant of compassionate appointment. Petitioner’s father was murdered by assault on 09/07/2005. Since the petitioner’s
father was murdered between 15/11/2000 to 10/04/2012, therefore, petitioner is entitled to get compassionate appointment under the Policy of 2013.
Considered the argument of both the parties.
On perusing Clause No. 1.2 of Policy of Compassionate Appointment, 2013 (amended), it is found that if a person who had died between
15/11/2000 to 10/04/2012 due to untoward accident during work, electric accident, murder during assault or death in vehicle accident during work, then
such person will be entitled for grant of compassionate appointment. It is clear from amended circular contained in Annexure P/15 i.e. Amended
Policy of Compassionate Appointment, 2013, Clause 1.2, that if a person has been murdered then same is qualified with condition that murder
occurred during course of duty. In view of said amended circular dated 22/08/2016, contained in Annexure P/15, it is clear that petitioner whose father
was murdered on 09/07/2005 was not entitled to be considered for grant of compassionate appointment as he was not murdered during course of duty.
In view of above discussion, writ petition filed by the petitioner is dismissed.