Shiv Kumar Lahre v. Executive Director

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 4424 of 2021 Shiv Kumar Lahre S/o Late Shri Trilochan Lahre Aged About 56 Years R/o Mini Basti, Gurughasi Das Nagar, Jarhabhatha, Bilaspur, District Bilaspur (Chhattisgarh).

---- Petitioner

Versus

1. Executive Director Chhattisgarh State Power Distribution Company Ltd. Daganiya Raipur, District Raipur, Chhattisgarh.

2. Executive Engineer Nagar Division-2, West Chhattisgarh State Power Distribution Company Ltd. Bilaspur, District Bilaspur, Chhattisgarh.

3. Collector, Bilaspur, District Bilaspur, Chhattisgarh.

4. Assistant Engineer, Nehru Nagar Zone, Chhattisgarh State Power Distribution Company Ltd. Bilaspur, District Bilaspur Chhattisgarh.

5. Principal, Govt. J.P. Verma (S.B.R.) College, Bilaspur, District Bilaspur (Chhattisgarh).

---- Respondents For Petitioner : Shri Rajendra Kumar, Advocate.

For respondents No.1 to 4/State : Shri Pawan Kesharwani, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08.11.2021 Heard on petition.

1. It is submitted by counsel for the petitioner that son of the petitioner - Sanjay Kumar Lahre died due to electrocution at the time when he was playing cricket in the premises of Government J.P. Verma (S.B.R.) College, Bilaspur, District Bilaspur. The State Government has issued a circular dated 10.9.2018, according to which, in the incidents of death or injury, compensation has to be paid to the tune of Rs.4,00,000/- to the family members of the deceased. The petitioner made a representation to respondent No.3 - Collector making a prayer for compensation of amount to Rs.36,14,000/-, which is undecided till date. Hence, it is prayed that appropriate directions be issued.

-22. Learned State counsel appearing for respondent No.3 submits that the incident of death by electrocution has occurred on 18.4.2011 whereas, the circular issued by the State Government on 10.9.2018 which does not have any retrospective effect, therefore, the petitioner cannot claim any compensation on the basis of this notification. Hence, the petition may be disposed of with a direction.

3. Considered on the submissions. Although, there is a representation pending before respondent No.3, the petitioner is granted liberty to file a fresh representation within a period of 15 days from today and on filing of such representation, respondent No.3 shall be obliged to consider on the representation filed and also consider on the earlier representation made by the petitioner as early as possible, preferably, within a period of 60 days from the date of filing representation.

4. Accordingly, the present petition is disposed of. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi