BIRSI KUJUR Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) SEEKING quashing of order contained in memo dated 18.06.2013, with a further prayer seeking a direction upon the respondents to pay compensation in terms of Resolution dated 25.09.2006 of the Electricity Board with 10% interest there on, on account of death of her husband, the petitioner has approached this Court by filing the present writ petition.

(2.) THE brief facts narrated in the writ petition are that, on 20.03.2011 the husband of the petitioner namely, Jogi Kujur had gone to feed his cattle, when a high voltage electric wire passing through the field fell on him, causing death of the husband of the petitioner on the spot. The police lodged U.D. Case No. 2/20112 and a death certificate was issued by the competent authority on 29.04.2011. The postmortem report of the dead body of the husband of the petitioner was conducted on 21.03.2011, disclosing the cause of death as electric shock. The widowpetitioner with her three minor children and her mother were dependent on the sole earning of her husband who died due to negligence of the officials of the Electricity Board. A representation was made on behalf of the petitioner to the Deputy Commissioner, Gumla for compensation of Rs. 5 lacs. and employment to a member of her family. A legal notice was sent on 23.06.2011 to the Chairman, Jharkhand State Electricity Board (JSEB) for payment of compensation of Rs. 5 lacs for the death of the husband of the petitioner, caused due to high voltage electric wire of JSEB. Vide letter dated 18.07.2011, the electricity Board denied compensation on the ground that the electrification work in the area was being done by Damodar Valley Corporation (DVC). A legal notice was sent to DVC also, seeking compensation of Rs. 5 lacs which was replied by the DVC vide letter dated 13.02.2012 stating that the electric line of the village was already handed over to JSEB and it was the JSEB, which was controlling the electric line at the time of occurrence. Constrained, the petitioner approached this Court in W.P.(C) No. 3884 of 2012 which was disposed of vide order dated 19.03.2013 granting liberty to the petitioner to approach the Chief Engineer, Jharkhand State Electricity Board, Ranchi along3 with supporting documents. The Chief Engineer, JSEB was directed to consider the case of the petitioner in accordance with law, keeping in view Resolution dated 25.09.2006 and to pass a reasoned order within a period of 12 weeks. The General ManagercumChief Engineer vide order dated 18.06.2013 held that the matter is not covered under the Circular dated 25.09.2006 and therefore, the representation dated 01.04.2013 of the petitioner was rejected.

(3.) THE learned counsel appearing for the petitioner submits that inspite of an order passed by this Court, the representation of the petitioner seeking compensation has been arbitrarily rejected vide order dated 10.06.2013. The order dated 18.06.2013 passed by the respondent no. 3 suffers from nonapplication of mind and therefore, it is liable to be quashed.