- (1.) Challenge in the present revision petition is to the order dated 21.12.2013 whereby the District Judge, Panipat wherein the application for release of the amounts of Rs. 6,08,215/- in the FDR account of petitioner no.1 and Rs. 1,80,000/- in the FDR account of petitioner no.2 have been declined on the ground that 1/4th share of the compensation amount awarded to the applicants has already been paid in cash.
(2.) The petitioners' prayer for release was on account of fact that late Sh. Dhajja Ram who had been working as Assistant Linesman with respondent no.9-Bhakra Bias Management Board (hereinafter referred to as "the Board") had died in motor accident and compassionate appointment was being offered to petitioner no.2 Dalip being son of deceased by virtue of letter dated 4.12.2013 (Annexure P/2) by the Board. The Motor Accident Claims Tribunal, Panipat vide award dated 6.10.2012 (Annexure P/1) had awarded a total sum of Rs. 13,178,156/- to the legal representatives of the deceased and a sum of Rs. 6,78,156/- had been awarded to petitioner no.1 whereas petitioner no.2 Dalp was awarded Rs. 2,00,000/-. The total amount was to carry interest at the rate of 7.5% per annum from the date of filing of the petition till realization and the Insurance Company in pursuance of the award deposited a sum of Rs. 16,48,029/- on 5.6.2013 and the petitioners were paid 1/4th amount in cash of their share. In the meantime the offer of appointment came on 4.12.2013 (Annexure P/2) whereby they were required to redeposit the amount which they had received from the Board on account of solatium and special pension totalling Rs. 13,52,694/- (including interest) if they wanted to get compassionate appointment for petitioner no.2. Resultantly the application was filed before the Tribunal whereby the prayer has been rejected on the ground that they had already been given benefit of 1/4 amount in cash. The Board was impleaded as party vide order dated 22.1.2014 and has also filed an affidavit of Er. N.K.Goel, Superintending Engineer, Operation & Maintenance Circle, BBMB, Panipat placing on record the policies amended from time to time.
(3.) Counsel for the Board submits that it has no objection if petitioner no.2 is appointed on compassionate basis provided the amount as claimed along with interest is deposited.;