K RAJA Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) If an employee of the Karnataka Electricity Board ("the Board") dies in harness, does such employee's widow or widower, as the case may be, or any other person who becomes entitled for appointment on compassionate ground in the Board under its Official Memorendum No. KEB/B5/721/80-81 dated 16 4-1986, become disentitled for such appointment by reason of such deceased employee's another son being already in the employment of the Board, is an important question which arises for our decision in this appeal.

(2.) Kenchaiah, an employee of theBoard, who was its lineman, died being electrocuted in the course of his employment. As he died in the course of employment and at the age of 50, his widow, as a dependent of the deceased employee, made a claim before the Board under the Workmen's Compensation Act, 1923. But, that claim for compensation came to be rejected by the Board on 24-10-1984, Later, she sought from the Board an employment to her sonK. Raja, claiming the benefit of the Board's Official Memorandum No. KEB/B5/721/80-81 dated 16-4-1986. However, by letter No DCA/AAO/BC0.6/F-151/8676 dated 27th June 1986 issued by the Superintending Engineer (Electrical), Bangalore Circle, to the Executive Engineer (Electrical), North Division, K.E.B , a copy of which was transmitted to the widow of the deceased employes by the Executive Engineer under his Memo dated 15-10-1986, she, was intimated that her claim for appointment to her son K. Raja cannot be considered since her another son was in employment of the Board as a Lineman.

(3.) The said K. Raja filed WritPetition No. 11356 of 1988 before this Court and sought for the issue of a Writ in the nature of Mandamus to the Board and its Executive Engineer to give him an appointment as provided for in the Official Memorandum (supra) of the Board. A learned Single Judge of this Court, by his order dated 4-8-1988, dismissed that Writ Petition being of the view that the earlier employment of the deceased employee's son in the Board disentitled the petitioner K. Raja to claim employment under the Official Memorandum (supra) and that the petition suffered from laches as it was filed two years after the date of the endorsement, to wit, 27-6-1986, Feeling aggrieved by that order, the petitioner has presented this appeal and seeks issue of a Writ in the nature of Mandamus to the Board for considering his claim for employment in the Board as provided for under its Official Memorandum (supra).