RENU BALA Vs. STATE

JUDGEMENT

(1.) The present writ petition has been filed by the petitioners seeking an appropriate writ of mandamus directing the respondents to pay the compensation to the petitioners for the death of Jatinder Kumar S/o Sh. Kuldeep Raj (husband of petitioner No. 1, father of petitioner No. 2 and son of petitioner No. 3) due to rash and negligent act on the part of the respondents being employee of the Power Development Department working under the employment of respondent Nos. 1 to 5 at the time of death of the deceased. BRIEF FACTS OF THE CASE

(2.) The deceased-Jatinder Kumar had been engaged by respondent Nos. 1 to 5 as casual labourer for the last more than seven years, who had been rendering his service to the entire satisfaction of his superiors and unfortunately on 23/9/2013, the deceased alongwith one Khaliq Khan was directed by respondent Nos. 6 and 7 to affect the repair in a Transformer installed near Sughat Complex Janipur, Jammu.

(3.) The specific case of the petitioner is that as the deceased and Khaliq Khan, at one point of time, had disconnected illegal connection which was running under the verbal direction of respondent Nos. 6 and 7, as such, they had developed grudge and ill will against the deceased and said Khaliq Khan. The respondent No. 6 and 7 were apprehending some departmental inquiry against them for the act of willful commission and omission regarding the misuse of electricity under the instructions of respondent Nos. 6 and 7, as such, the said respondents were always in the search of occasion to see that the service of the deceased as also Khaliq Khan were disbanded and terminated.