KARNATAKA ELECTRICITY BOARD BANGALORE Vs. B HARISH MALYA

JUDGEMENT

(1.) this appeal is preferred against the Order, dated 3rd June 1992 passed by the learned single judge in writ petition No. 10851 of 1992. Learned single judge has allowed the writ petition and quashed the order challenged in the writ petition and directed the appellant to consider the petitioner's request for appointment on compassionate grounds within three months from the date of receipt of the order.

(2.) contention of the appellant is that the respondent's father died on 23-11-1971 and on that date respondent was 12 years old as such he attained majority in the year 1977; whereas the application was filed on 21-6-1983 long after the expiry of three years from the date of attaining majority; therefore it was beyond time; hence the learned single judge was not justified in directing the appellant to consider the application.

(3.) paragraph 5 of the scheme contained in the official memorandum, dated 16-4-1986 in No. Keb:b5:721: 80-81 - Annexure-C to the writ petition, reads thus: "5) sfcodtfofc ffd aq& asjwod osnotsood ecfc sjasfrw bscssjpofc j-tfrrsa wttrofcrfj, rtjtoteb, tods detf rfdrf sfcrtsbrtvb enss. Sjo&jcfsnajq, esfcto an,ti, datocrcn wodcj 18 dsdr ssood rfosw 3 risdfrhjuatfrrsa wbraj ;,*fefccfcgid." from the aforesaid provision, it is clear that an application is required to be made within three years on attaining the majority, if at the time of death of the official, the son or the daughter or the person eligible for appointment as per the scheme were to be a minor. In the instant case, as already pointed out, respondent was 12 years old on the date of death of his father who died on 23-11-1971, as such, he attained majority in the year 1977. Hence, he should have made an application in the year 1980. Whereas the application has been made in the year 1983 which has been rejected on the ground that it is made beyond the period of three years from the date of attaining majority. Paragraph 5 of the scheme specifically stipulates that an application seeking appointment on compassionate grounds has to be made within three years from the date of attaining majority. The appellant is justified in rejecting the application of the respondent which is filed beyond the period of three years on his attaining majority.