KASHMIR KAUR Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) The petitioners through instant petition under Articles 226/227 of Constitution of India are seeking setting aside of communication dtd. 5/5/2009 (Annexure P-21) and direction to the respondents to either extend benefit of compassionate appointment or pay solatium.

(2.) The husband of petitioner No.l was working as Lineman with respondent-Board. He passed away on 10/6/2002 in harness. The petitioner No.2 is son of deceased employee. The petitioner No.2, on more than one occasion, was appointed on contract of 89 days. The petitioner No.2 opted to remain absent from duty which compelled the respondents to terminate his service.

(3.) Learned counsel for the petitioners submits that in terms of policy dtd. 3/11/2005, the petitioners are entitled to solatium. The petitioners do not press their claim for compassionate appointment, however, they may be considered for solatium in terms of policy dtd. 3/11/2005 (Annexure P-12). Learned counsel for the petitioner asserts that the petitioners would not lodge claim qua interest if they are granted benefit of solatium in terms of aforesaid policy.