DB dismisses PGCIL petition with cost of Rs 10,000

Excelsior Correspondent
JAMMU, Mar 9: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Mansoor Ahmed Mir today dismissed LPA filed by the Power Grid Corporation of India Ltd (PGCIL) against the judgment passed by the Writ Court on February 15, 2011 regarding compassionate appointment and imposed cost of Rs 10,000 payable to the petitioner.
According to the petitioner’s case, his father Bodh Raj, an employee of the Power Grid Corporation of India Ltd passed away on April 1, 2003 at his residential quarter at Power Grid Colony, Kishanpur.  The petitioner Rahul Dogra applied before the Corporation for his appointment on compassionate grounds.  However, his case was rejected on the ground that the death of his father was not as a result of accident on duty.
After hearing both the sides, the DB observed, “the appellants-writ respondents have rejected the claim of writ petitioner mechanically and without any justification/reason. It is a settled legal position that compassionate appointment is an exception to the general rule of making appointment with the object to enable the families of the deceased to overcome the sudden financial crises.  But, it appears the appellants-writ respondents, have made the petitioner to run from pillar to post without any ground while denying him appointment on compassionate grounds”.
“The Writ Court has rightly directed the appellants-writ respondents to consider the case of the petitioner afresh for grant of compassionate appointment. The Court is of the considered view that the impugned judgment is legal one and well reasoned and needs no interference”, the DB said.
Accordingly, the appeal was dismissed along with all connected CMAs with costs of Rs 10,000 payable to the petitioner by the appellants-writ respondents within a period of two month.