Chattisgarh High Court
Amit Rao vs Chhattisgarh State Power Distribution ... on 6 May, 2015
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 363 of 2015
1. Amit Rao S/o Late Anand Rao Aged About 21 years R/o Village EWS/ 501,
Housing Board Bhilai, Police Station Jamul, District Durg C.G.
---- Petitioner
Versus
1. Chhattisgarh State Power Distribution Company Ltd. Through Its Managing
Director Raipur District Raipur C.G.
2. Chhattisgarh State Power Holding Company Limited Through Its Managing
Director, Raipur District Raipur C.G.
3. The Superintending Engineer (Civil Circle), Chhattisgarh State Power
Distribution Company Limited, Bhilai District Durg C.G.
4. The Executive Engineer 400 KB Sub Station Division Chhattisgarh State
Power Distribution Company Limited Bhilai, District Durg C.G.
---- Respondent
And WPS No. 454 Of 2015
1. Sunita Yadav, D/o Late Jitendra Yadav Aged About 30 years R/o Jawahar, Ward No.-11 Behind Nagar Palika, Mungeli Revenue Dist- Mungeli Civil Dist- Bilaspur
---- Petitioner Vs
1. Chairman Chhattisgarh State Power Distribution Company Ltd (CSPDCL) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur
2. Joint Secretary (Karmik)-II CSPDCL, Raipur, C.G.
---- Respondent And WPS No. 575 Of 2015
1. Dinesh Singh Paikara S/o Late Narayan Singh Paikara Aged About 34 years R/o House No. 855, Papripara Korba ( East), Civil/ Revenue Dist. Korba
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL), Through Its Chairman Regd. Office - At Energy Info Tech Centre, Daganiya, Raipur
2. Chhattisgarh State Power Holding Company Limited, Through Its Director General Manager ( HRD) Regd Office At Energy Info Tech Centre, Daganiya, Raipur C.G.
---- Respondent And WPS No. 588 Of 2015
1. Jaypal Singh S/o Late Gajraj Singh Kawar Aged About 30 years R/o Village Panderipani, P.O. Gopalpur, Civil & Revenue Distt. Korba, C.G.
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL), Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, C.G.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur, C.G.
---- Respondent And WPS No. 599 Of 2015
1. Anil Bada S/o Late Yashwant Bada Aged About 33 years R/o SP-218, HTPS Colony, Darri Korba, West, Civil/ Revenue Distt. Korba, C.G.
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, C.G.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur, C.G.
---- Respondent And WPS No. 608 Of 2015
1. Ravindra Kumar Sahu S/o Late Chathram Sahu Aged About 25 years R/o S.P. 271, Jailgaon, Darri, Korba, Civil/revenue Distt. Korba, C.G.
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, C.G.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur, C.G.
---- Respondent And WPS No. 614 Of 2015
1. Ganeshram Yadav S/o Late Chatram Yadav Aged About 27 years R/o Swahimudi, P.O. Gopalpur Jailgaon, Darri, Civil / Revenue Dist - Korba
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, C.G.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur, C.G.
---- Respondent And WPS No. 612 Of 2015
1. Suresh Kumar S/o Late D. Malkundia Aged About 29 years R/o S.P. 91, HTPS Colony Civil/ Revenue Dist - Korba
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, C.G.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur, C.G.
---- Respondent And WPS No. 618 Of 2015
1. Kumari Saroj D/o Late Itwariram Aged About 33 years R/o Quarter No. IWS 17, MP Nagar, Civil/ Revenue Distt. Korba
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur
2. Chhattisgarh State Power Holding Company Ltd. Through Its Director General Manager (HRD) Regd Office- At Energy Info Tech Centre, Daganiya, Raipur
---- Respondent And WPS No. 879 Of 2015
1. Santosh Kumar Sahu S/o Late Derha Ram Sahu Aged About 31 years R/o Ward No. 26 Near Bhau Kirana, Behind Durga Mandir, Clubpara Mahasamund, Post Office Police Station & Tahsil Mahasamund, District Mahasamund ( Chhattisgarh)
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. Through Its Managing Director, Raipur, District Raipur ( Chhattisgarh)
2. Chhattisgarh State Power Holding Company Limited Through Its Managing Director, Raipur, District Raipur ( Chhattisgarh)
3. The General Manager ( HR -2) Chhattisgarh State Power Holding Company Limited Raipur, District Raipur ( Chhattisgarh)
4. The Deputy General Manager (HR -2) Chhattisgarh State Power Holding Company Limited Raipur, District Raiur ( Chhattisgarh)
5. The Joint Secretary ( Personnel -2) Chhattisgarh State Power Holding Company Limited Danganiya, Raipur District Raipur Chhattisgarh
6. The Superintending Engineer ( Civil Circle), Chhattisgarh State Power Distribution Company Limited, Raipur, District Raipur ( Chhattisgarh)
7. The Executive Engineer ( Civil Division), Chhattisgarh State Power Distribution Company Limited, Mahasamund, Chhattisgarh
---- Respondent And WPS No. 903 Of 2015
1. Subhash Yadav S/o Late Shri Shyamlal Yadav Aged About 35 years Occupation- Un-Employed R/o Village- Bhatora, Post Piharid, P.S. Malkharoda, Civil & Revenue Distt. Janjgir Champa (Chhattisgarh)
---- Petitioner Vs
1. The Chhattisgarh State Power Distribution Company Limited Through Its Managing Director, Daganiya, Raipur, Distt Raipur (Chhattisgarh)
2. The Chhattisgarh State Power Holding Company Limited, Through Its Director General Manager (HRD), Daganiya, Raipur Distt. Raipur (Chhattisgarh)
3. Executive Director, Human Resources, Chhattisgarh State Power Holding Company Limited, Daganiya Raipur, Distt. Raipur (Chhattisgarh)
---- Respondent And WPS No. 937 Of 2015
1. Amit Nathaniyal S/o Late W.H. Nathaniyal Aged About 30 years R/o F 393, HTPP, Darri Colony, Korba, Civil / Revenue Dist. Korba Chhattisgarh
---- Petitioner Vs
1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) Through Its Chairman Regd Office At Energy Info Tech Centre, Daganiya, Raipur, Chhattisgarh.
2. Chhattisgarh State Power Holding Company Ltd Through Its Director General Manager (Hrd), Regd Office- At Energy Info Tech Centre, Daganiya, Raipur (Chhattisgarh)
---- Respondent For Petitioners Shri H.S. Ahulwalia, Shri V.K. Pandey & Shri Sunil Sahu, Advocates For Respondent/State Shri Shashank Thakur & Shri P.K. Bhaduri, Govt. Adv. For Respondent/ Shri A.S. Gaharwar & Shri Majid Ali, Adv. Power Company Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/05/2015 Heard learned counsel for the parties.
1. The present batch of writ petitions have been preferred by the legal representatives of the deceased employees for grant of compassionate appointment or for consideration of their cases on the ground that they are dependents of the deceased employees who were working in the erstwhile Madhya Pradesh Electricity Board (MPEB) and at the time of death they were posted in the area falling in the territorial jurisdiction of the present State of Chhattisgarh. In all the cases the concerned employees have died in harness on or before 30-1-1997.
2. Learned counsel for the petitioners would submit the present batch of matters may be disposed of in terms of the order passed in Om Prakash Thakur v. Chhattisgarh State Power Distribution Company Ltd. and Others1 and other connected matters and the subsequent batch of the writ petitions i.e. Raja Ram Kosle v. Chhattisgarh State Power Distribution Company Limited and Others 2 and other connected matters.
3. At this juncture, Shri Gaharwar learned counsel appearing for the respondent Power Company, would submit that in these cases death has taken place prior to 30-1-1997, therefore, the matter is distinguishable. He would further submit that cases of all such persons shall be considered, if directed by this Court, who are covered within the sweep of the circular/policy dated 30-1-1997 because, the applicability is required to be considered by considering the entire circular and not one of the paragraphs thereof.
4. After hearing learned counsel appearing for the parties, this Court is of the considered view that the petitioners' cases are also required to be considered in accordance with the policy dated 30-1-1997 and for that matter the order passed by this Court in Raja Ram Kosle (supra) and 1WP No.2952 of 2006 (disposed on 18-12-2014) 2WP (S) No.360 of 2015 (disposed on 8-4-2015) other connected matters shall also apply in the present batch of writ petitions.
5. Accordingly, all the writ petitions are disposed of in terms of Raja Ram Kosle (supra) and other connected matters.
6. A copy of the order passed in Raja Ram Kosle (supra) and other connected matters be kept in the record of present batch of writ petitions.
JUDGE Gowri