SUNIL KUMAR Vs. BHARAT HEAVY ELECTRICALS LTD
LAWS(UTN)-2013-6-94
HIGH COURT OF UTTARAKHAND
Decided on June 19,2013

SUNIL KUMAR Appellant
VERSUS
BHARAT HEAVY ELECTRICALS LTD Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) HEARD Mr. Tapan Singh, Advocate for the petitioner and Mr. V.K. Kohli, Senior Advocate assisted by Mr. I.P. Kohli, Advocate for the respondents.
(2.) THE father of the petitioner died in harness while he was working as Artisans -I in the Bharat Heavy Electricals Ltd. (hereinafter referred to as BHEL). The petitioner being the dependant of the deceased employee moved an application dated 22.08.2006 for appointment on compassionate ground. In response to the application of the petitioner, the Deputy Manager, BHEL, Rudrapur informed him that his application for compassionate appointment would only be considered in the event the vacancy occurs in the unit. Thereafter, the BHEL issued an advertisement dated 03.09.2011 calling for eligible candidates for appointment, inter alia, on the post of Welder. There were 10 posts of Welder for the dependants of deceased employees. The petitioner was the sole applicant under the dying in harness quota. The petitioner appeared in the selection process, but he has not been selected. Hence the present petition.
(3.) THE case of the petitioner is that firstly he was liable to be appointed on compassionate ground without going through a selection process. Although, he faced the selection process in which he qualified the written test and thereafter appeared in the interview, yet he has not been selected. Learned counsel for the petitioner relied upon Clause 6.2 of the BHEL Recruitment Rules, which reads as under : - "6.2 Dependents of deceased employees General guidelines to be followed for direct employment on compassionate grounds are as under: 1. Employee dying due to accident "during the course of" and "arising out of employment" - In such eventualities, existing practice of consideration on case to case basis for sanction of vacancy (USW/SSW/Artisan or Clerk) will continue keeping in view that none of the children or the spouse of such employees is already employed in Govt./Semi Govt./Autonomous Body/PSU/Organizations listed on Stock Exchange. Such appointment will, however, be subject to assessment of suitability. 2. In other cases of death (i) In other cases, whenever Units are sanctioned vacancies of USW/SSW/Artisans and Clerk, up to 25% vacancies may be earmarked for being filled up from dependants of deceased employees (Spouse/son/unmarried daughter) subject to their meeting the job specifications and consideration for suitability. If number of vacancies sanctioned are so low that it is difficult to adopt above criteria for reserving vacancies, decision in this regard may be taken by the Unit Incharge. In addition this consideration is available provided none of the children or the spouse of such employees is already employed in Govt./Semi Govt./Autonomous Body/PSU/Organizations listed on Stock Exchange." According to Mr. V. K. Kohli, Senior Advocate for the BHEL, the case of the petitioner was not liable to be considered under Clause 6.2 (1), as the death of petitioners father was not "during the course of employment" or "arising out of employment". He could only have been considered under 6.2 (2).;


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