Dismissed

Gopal Chand v. National Hydroelectric Power Corp. and Ors.

Uttarakhand HC11 Nov 2014WPSS/1771/2007

Case brief

AI extract

What is this about?

This High Court dismissed a belated writ petition seeking compassionate appointment for the widow of a deceased NPCL employee. The petitioner filed the petition 17 years after the employee's death and 7 years after the initial application was rejected. The Court found the petition was not a fit case for interference due to the significant lapse of time.

What the court decided

AI extract

Gopal Chand Vs National Hydroelectric… — Pension and Retirement Benefits | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition No. 1771 (S/S) of 2007

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Gopal Chand ….....Petitioner Versus

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National Hydroelectric Power Corporation Ltd. & others

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…..…..Respondents

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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Mr. S.K. Shandilya, Advocate present for the petitioner.

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Mr. Manoj Tiwari, Senior Advocate, assisted by Mr. Alok Mehra, Advocate, present for the respondents.

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The father of the present petitioner was an employee of National Hydroelectric Power Corporation Ltd., who died while in harness on 31.01.1997. He left behind his wife and five children including the present petitioner. The petitioner moved an application for compassionate appointment under the Dying in Harness Rules, which was rejected on 22.05.2000.

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Although the said order dated 22.05.2000 is a non-speaking which only say that “With reference to your application dated 12/3/97 for compassionate appointment, it is intimated that your request for compassionate appointment has not been considered by the competent authority”. This order the petitioner did not challenge before this Court for appropriate relief at the relevant time. This writ petition was filed only in 2007. The urgency application was only moved in the year 2012 for expedite hearing in the matter. The matter has now been taken up for final hearing.

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Not only the case of the petitioner is highly belated for appointment on compassionate ground but such appointments are made with an objective to mitigate the

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hardships which befallen on the family of the deceased employee on the death of its breadwinner. Now more than seventeen years have elapsed since the death of petitioner’s father.

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Apart from the delay, in the counter affidavit it has been stated that there is a policy matter by the National Hydroelectric Power Corporation Ltd. in which firstly the appointment was to be given to the widow of the deceased employee and secondly in no case such appointment can be given where the monthly income of the family is more than `3500 per month. The father of the deceased was an Exservice man who served in Bengal Engineering Group of Indian Army who after retirement was re-employed in National Hydroelectric Power Corporation and after his death both gratuity and post-retirement benefits were given to the wife of the deceased and after the death, the wife is getting family pension and other benefits admissible to dependants of ex-service man.

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Considering overall circumstances, this Court does not find it to be a fit case for interference. The writ petition is hereby dismissed.

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No order as to costs.

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(Sudhanshu Dhulia, J.) 11.11.2014

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Nitesh

Gopal Chand v. National Hydroelectric Power Corp. and Ors.

Case brief

What is this about?

What the court decided

Gopal Chand v. National Hydroelectric Power Corp. and Ors.

Case brief

What is this about?

What the court decided

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