Point of Law : Proviso to sub-Section (4) of Section 20 provides that if it is not possible to adjust the employee against the post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

ORDER :

This writ petition has been filed by Nagender Kumar, praying for a direction to the respondent-Himachal Pradesh State Electricity Board Limited (hereinafter, ‘Board’) to consider his case for grant of appointment on compassionate grounds in lieu of the services rendered by his father-Jagdish Chand to the said Board on the post of T-Mate, who died in harness on 6.11.2020.

2. According to the facts of the case, Jagdish Chand, father of the petitioner met with an accident on 13.7.2005, while he alongwith other employees of the Board was replacing rotten electrical poles. When the pole jerked, father of the petitioner fell on the rocky surface and instantaneously became unconscious. He was instantly shifted to hospital at Bilaspur and thereafter referred to PGI Chandigarh, where he remained hospitalized for a very long time. Even the respondents conducted an enquiry and found that the petitioner’s father had received severe head injury and other injuries, while on duty, and he was rendered 100% disabled and was permanently bed-ridden. Father of the petitioner continued to be in service of the respondents till 31.8.2020, and was paid salary but, unfortunately, he died on 6.11.2020. Even the case of father of the petitioner was considered for promotion and he was promoted to the post of Lineman but, unfortunately, Deputy Chief Engineer (Operation) Circle, HPSEBL, Bilaspur on 12.8.2016 (Annexure P-4), later withdrew the order of his promotion, without assigning any reason. Copies of various documents regarding treatment of the petitioner’s father including MRI report of PGI Chandigarh duly signed by the Board of Doctors on 8.4.2015 (Page-25) is placed on record, which indicates that even after ten years of accident, it was opined to be a case of ‘diffuse atrophy of bilateral cerebral hemispheres and cerebellum with prominent ventricular system and extra-axial CSF spaces; and the impression that was gathered was ‘diffuse cerebral atrophy with communicating hydrocephalus’. Enquiry was conducted by the Assistant Engineer (Electrical) Sub Division-III, HPSEB Bilaspur as Chairman with Assistant Engineer (Electrical), Division No. I, HPSEB Bilaspur and Assistant Engineer (Electrical), Sub Division HPSEB Namhol as members. Copy of the departmental enquiry report (Annexure P-2) is on record. The Committee, after inspecting the site of accident, reported that the statements of the staff at Sub Division Namhol were recorded on 25.8.2005. Committee clearly recorded that they could not record statement of the victim as he was under medical treatment. The committee was fair enough in stating that the victim was not in a position to give his statement as per medical discharge slip annexed with the report. Committee has given finding in the report that after the spot inspection and checking PTW No. 448, dated 13.7.2005 and going through the statements of the staff, they came to the conclusion that the rotten pole was positioned with the support of line conductor and accessories/fitting were provided on the pole but when all the supports i.e. conductor/fittings were removed, the pole tilted and Jagdish Chand, who was holding a ladder with the pole, got a jerk and fell down on rocky land with ladder and got severe head injury.

3. In that situation, the petitioner sometime in 2018, submitted an application for his appointment on compassionate grounds through his mother, Premi Devi. The application was forwarded by the Senior Executive Engineer, Electrical Division HPSEBL Bilaspur to the Executive Director (Personnel), HPSEBL, Shimla. After going through the narration of the entire incident, the Senior Executive Engineer, Bilaspur has categorically recorded that Shri Jagdish Chand, father of the petitioner, who was an employee of the Board, was still in a comma, as reported by the Assistant Engineer concerned, vide office letter dated 4.4.2018 to the said office. The application of the petitioner was not processed further but according to the peti