Rattan Chand v. Union Territory of Jammu and Kashmir Thr Comm/Secy Power Dept and Ors

ORDER(ORAL)

06.12.2024

¶01The instant petition has been filed by the petitioner seeking a direction against the respondents to pay compensation to the tune of Rs. 10,80,000/- to the petitioner on account of death of wife of the petitioner, namely, Gayatri Devi due to electrocution.

¶02The issue, which has been projected in the instant petition is squarely covered by the judgments passed by this Court in cases titled, "Radha Sharma Sr.No.104

Vs. State of J&K and others" (OWP No. 902/2010) decided on 01.03.2023, "Renu Bala and others Vs. State of J&K and others", (OWP No. 1187/2014) decided on 27.04.2023 and "Rani Gupta and others Vs. State of J&K and others", (OWP No. 975/2008) decided on 17.03.2021.

¶03The learned Single Judge of this Court in OWP No. 975/2008, while relying upon the Government Order No. 454-F of 2019 dated 24.10.2019 allowed the writ petition and held the writ petitioners entitled to compensation to the tune of Rs. 10 Lakhs on account of death of one Vijay Kumar Gupta, who had died due to electrocution, along with the interest @ 6% from the date of filing of the writ petition.

¶04The aforesaid view taken by the learned Single Judge was upheld by the Division Bench of this Court in LPA No. 88/2021 and the judgment passed by the Division Bench of this Court in LPA No. 88/2021 has also been upheld by the Apex Court in case title, "Union Territory of Jammu and Kashmir and others Vs. Rani Gupta and others" with the dismissal of the SLP No. 9294/2024.

¶05Learned counsel for the petitioner submits that instant petition can be disposed of in the light of judgment passed by a Co-ordinate Bench of this Court which has been upheld by the Division Bench and also by the Apex Court.

¶06Since the controversy involved in the instant writ petition is squarely covered by the judgments mentioned (supra), and therefore, with the consent of learned counsel for the parties, the instant petition is taken up for final disposal.

¶07Thus, the instant petition is allowed and petitioner is held entitled to Rs. 10,00,000/- as compensation in terms of Government Order No. 454-F of 2019 dated 24.10.2019 along with interest @ 6% payable by the respondents from the date of filing of the writ petition within a period of six weeks from the date copy of the order is made available to them.

¶08Petition is accordingly, 'disposed of'.

(Wasim Sadiq Nargal) Judge

Jammu:

06.12.2024 Renu

Whether the Order is speaking?

Yes/No. Whether the Order is reportable?

Yes/ No.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP (C) No.189/2021 CM No. 936/2021 Rattan Chand Age 58 years S/o Sh. Ananta R/O Balota Chigla, Tehsil Ram Nagar, District Udhampur. ….Appellant/Petitioner(s) Through :- None. V/s 1. Union Territory of Jammu and Kashmir Through Commissioner-Cum- Secretary Representing Power Development Department, J&K Government, Civil Secretariat, Jammu. 2. Chief Engineer, Power Development Department, U.T of J&K, Jammu. 3. Executive Engineer M & RE Division Udhampur. 4. Shankar Dass S/o Sh. Devan Chand R/o Dalsar, Tehsil Ram Nagar, District Udhampur. (Helper lineman PDD) C/o Executive Engineer M & RE Division Udhampur. 5. Shabir Ahmed S/o Sh. Nazir Ahmed R/o Incha Tehsil Ram Nagar District Udhampur. (Lineman PDD) C/o Executive Engineer M & RE Division Udhampur. ….Respondent(s) Through :- Mr. Ravinder Gupta, AAG. Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE