Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petitions, the petitioners, who are both helpers in the respondent company - Jodhpur Vidhyut Vitran Nigam Ltd., have approached this Court with a prayer for affording appointment to their sons/male dependents as helpers in the J.V.V.N.L. on compassionate basis. Both the petitioners herein suffered serious debilitating injuries by electrical burns while discharging their duties as helpers in the respondent J.V.V.N.L. The petitioner Gopa Ram ultimately had to be subjected to amputation of right upper limb whereas all fingers, thumb and wrist of left upper limb were inflicted with Ankylosis {Ankylosis or anchylosis (bent, crooked) is a stiffness of a joint due to abnormal adhesion and rigidity of the bones of the joint, which may be the result of injury or disease. The rigidity may be complete or partial and may be due to inflammation of the tendinous or muscular structures outside the joint or of the tissues of the joint itself.} The Medical Board formed to examine the extent of disability of the petitioner Gopa Ram certified that he was suffering from 80.02% permanent disability in relation to the whole body. The petitioner Bheru Das also suffered an electric accident and resultantly both his hands had to be amputated from elbow downwards. The Medical Board formed to examine the extent of disability of the petitioner Bheru Das certified that he was suffering from 80% of disability in relation to the whole body. The petitioners herein submitted applications to the respondent company for granting appointment to their sons as helpers in the respondent company on the strength of a circular dated 11.9.2001 issued by the company which is quoted herein below for the sake of ready reference: - - "JODHPUR VIDHYUT VITARAN NIGAM LIMITED No. JVVNL/C&MD/S.CS/JU/F/OO -124/D.498/Dt. 11/9/2001 Sub: - Appointment on preferential basis. ******* The Board considered the proposal as contained in the Agenda Note and resolved : To adopt Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 vide notifications dated 31.12.1996, order dated 19.04.1999 and orders to be issued in future in this regard. Besides the following conditions will regulate appointment of dependent of deceased/permanently disabled employee. a) The Company may take decision, from time to time regulating fresh appointment in any category or categories of post. This would automatically apply to appointment of dependent of deceased/permanently disabled employee. b) In the case of appointment of widows of the deceased employee or female dependent of permanently disabled employee, the general decision of abolishing posts of Class -IV, LDCs etc. automatically on its falling vacant may be relaxed. They may be appointed against this post if they fulfill other requirements. c) The Office Order No. 823 dated 23.8.95 & 1462 dated 17.10.96 will be followed for giving appointment to male dependent of the deceased/permanently disabled employee on the post of Helper. Appointment to Male/female dependent of the deceased/permanently disabled taken in this regard. d) Widows of the deceased or female dependent of the permanently disabled employee would not be considered for appointment as Helper in view of the special nature of the job. Also resolved to make amendment in order No. 2055 dated 11.10.1990, regarding annuity benefit to the extent that annuity benefit will not be allowed in cases where widow/Dependent is eligible for appointment. In rest of the cases where widow/dependent is not eligible for appointment, annuity may be allowed, subject to the following conditions that such benefit shall be admissible: - - i) till the remarriage of widow. ii) till the Son/Daughter of the deceased attains the age of 16 years. iii) till death of widow/date of superannuation age of deceased whichever is earlier. By OrderSd/ - (R.K. SINGH) COMPANY SECRETARY JODHPUR DISCOM, JODHPUR"
(3.) THE applications thus submitted by the petitioners were forwarded by the Assistant Engineer concerned to the Executive Engineer. However, the applications were not responded to, upon which the petitioners have approached this Court by way of the instant writ petitions.;