Disposed

Kunwar Sen v. State of Uttarakhand

Uttarakhand HC16 Dec 2020WPMS/1768/2020

Case brief

AI extract

What is this about?

This writ petition concerns a line worker of Uttarakhand Power Corporation who sustained grievous injuries and faced dismissal. The High Court disposed of the petition by granting liberty to present a fresh representation to the Chief Engineer for expedited consideration regarding recovery of service and compensation.

What did the court decide?

Liberty to present fresh representations; direction to Chief Engineer to consider within four weeks.

Kunwar Sen Vs State of Uttarakhand — Service and Employment | Uttarakhand HC (2020)

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WPMS No. 1768 of 2020 Hon’ble Manoj K. Tiwari, J.

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Mr. Desh Raj Singh, Advocate for the petitioner.

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Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand.

¶4

Mr. Dharmendra Barthwl, Advocate for respondent no. 2.

¶5

Heard learned counsel for the parties through video conferencing.

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According to the petitioner, he was working as lineman under Executive Engineer, Electricity Distribution Sub-Division Laksar, District Haridwar since 2010. It is the case of the petitioner that while discharging official duties, he met with accident, due to which he sustained grievous injuries and his left hand is completely crippled.

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Grievance of the petitioner is that he has been thrown out of employment by Officers of Uttarakhand Power Corporation in the year 2018 and thereafter they are not allowing him to discharge his duties. Another grievance of the petitioner is that not a single penny was given to him as compensation, although he has incurred more than `5.00 lakh in his treatment. By means of this writ petition, petitioner has sought following reliefs:-

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(i) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent department to allot any other work in the respondent department and also give the compensation, as the petitioner has met an accident, while working in the respondent department for connecting the domestic cable, in which the left hand of the petitioner has been completely ruined.

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(ii) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no. 3 to decide the pending representations datted 10.07.20202 & 13.08.2020 (Annexure Nos. 2 & 4 respectively).

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Mr. Dharmendra Barthwal, learned counsel for respondent no. 2 submits that

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petitioner was not an employee of Uttarakhand Power Corporation, but he was engaged through a Contractor. He further submits that petitioner was disengaged in view of complaints received against his work and conduct.

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After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner be permitted to make fresh representation to the Competent Authority, which shall be decided expeditiously. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach concerned Chief Engineer in Uttarakhand Power Corporation Ltd. by making representation. If such representations are made within three weeks from today, Chief Engineer shall consider the same and pass appropriate order, in accordance with law, within a period of four weeks from the date of receipt of such representation.

¶13

Aswal

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(Manoj K. Tiwari, J.) 16.12.2020

Kunwar Sen v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Kunwar Sen v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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