EXECUTIVE ENGINEER ELECTRICITY M AND RE DIVISION AWANTIPORA ANANTNAG Vs. MOHMMAD ASHRAF BHAT

JUDGEMENT

(1.) We propose to dispose of both these matters (LPA No. 46/97 Executive Engineer and another v. Mohmmad Ashraf Bhat and OWP No. 1123/96 Mohmmad Ashraf Bhat and others v. Executive Engineer and others) by this judgment in view of order passed by this Court on July 14, 1998. Facts giving rise to the initiation of this case may be recorded briefly.

(2.) Petitioner is son of deceased Jalal-ud-din Bhat alias Jalla Bhat R/o Chanderigam, Tehsil Tral of District Pulwama. Petitioner's age is twenty years. His father was an agriculturist, cultivating his land growing primarily paddy on the total land in his ownership. Although it was hinted by learned counsel for the petitioner that the deceased was working as labourer also but this fact has not been stated in this petition, therefore, we leave the matter at that.

(3.) On September 15, 1995 deceased was working in his field. High tension electricity line which passed through it has fallen in the field. Deceased was trapped in it and died instantaneously. Matter was reported to the Police and a First Information Report No. 80 of 1995 was registered in Police Station Awantipora. This report records the death of deceased due to electric shock. Petitioner approached the respondents seeking compensation and employment so that he could look after the family consisting of himself, mother and two unmarried sisters. With the death of deceased, petitioner remained the sole surviving male member in the family. It is pointed out that the case of the petitioner for employment was recommended by the Assistant Executive Engineer to his Superiors vide communication dated April 10, 1996 (Annexure E to the writ petition). followed by communication dated April 15, 1996 (Annexure F to writ petition) by Executive Engineer but no action was taken. This incident was reported to Deputy Commissioner Pulwama who awarded ex-gratia relief vide order No. 93/R dated January 2, 1996 to the extent of Rs. 5,000/- that has been received by the petitioner.