SANJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Amro, father of the petitioner, was working as a T-mate with the respondent-Board. Amro died on 7/1/2017. Petitioner applied for employment under the Employment Assistance Scheme. The respondents examined and on 20/4/2018 rejected his case on the grounds that :- Under the Employment Assistance Policy dtd. 24/2/2016, the compassionate employment in case of natural death is permissible to the eligible dependant of only those deceased government employees who die in harness on or before attaining the age of 50 years, whereas Amro, with 31/12/1957 as his date of birth had died on 7/1/2017 ; Amro had crossed the age of 50 years at the time of his death. Hence, case of the petitioner was not covered under the policy dtd. 24/2/2016. The petitioner has assailed this decision of the respondents in the instant petition with the prayer to direct the respondents to provide employment to him on compassionate ground.

(2.) Learned counsel for the petitioner submitted that petitioner's father Amro alongwith one another, was deputed on 7/1/2017 by the respondent-Board to visit village Bheet for resolving an electricity complaint. After attending the complaint and restoring the electricity supply, petitioner's father started his return journey on foot. At a place called 'Gadna', petitioner's father slipped from the hill top and fell down into a 'nallah'. He died on the spot. Learned counsel for the petitioner contended that father of the petitioner was on duty. His death was accidental and during the course of employment. Hence, the reasons given by the respondents for rejecting petitioner's case were not valid.

(3.) We have heard learned counsel on both sides and gone through the case file.