MOHD SHAFI Vs. COMMISSIONER/SECRETARY, PDD

JUDGEMENT

(1.) PETITIONER has invoked jurisdiction of this court for commanding the respondents to release an amount of Rs. 5 lacs in his favour with 18% interest till its final realization. Before proceeding further in the matter, the brief facts of the case are required to be noticed.

(2.) IT is averred that the petitioner was working as Labourer and earning Rs. 100/ - per day. On 5 -6 -1998 while he was working and busy in his Agricultural Farm, situate at Bata Tachloo, a live electric line fell on him and he got seriously injured. He was shifted to the SMHS Hospital, Srinagar, where his right arm below elbow was amputated due to electrocution, rendering him permanently disabled. An FIR came to be lodged in police station about the incident and villagers informed the concerned authorities. Representations came to be made before the Superintending Engineer concerned who endorsed the same to the Executive Engineer, Kulgam. Field staff - - Assistant Executive Engineer submitted a detailed report on 8 -6 -1998 to the Executive Engineer who submitted the same to the Superintending Engineer on 29 -8 -1998. It is further averred in the petition that as the authorities slept over the matter, the villagers were constrained to submit a representation to the concerned MLA who forwarded the same to Deputy Commissioner, Anantnag. It is specifically pleaded that it was due to sheer negligence of the respondents that the petitioner had met with an accident in which he lost his right arm below elbow. The petitioner has accordingly prayed for compensation to the tune of Rs. 5 lacs with 18% interest till its final realization with the further command to appoint him as a class IV employee. The petitioner has annexed documents contained in annexures P1 to P5, disclosing that he was rendered disabled due to negligence of the respondents.

(3.) RESPONDENTS have filed reply. It is profitable to reproduce para 3 of the reply hereunder: