NARSINGH KUMAR SINHA Vs. CHHATTISGARH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

(2.) Brief facts of the case as projected by the petitioner are that the petitioner's father namely Shrawan Kumar Sinha died in harness on 20/7/1999, while working on the post of Lineman-Assistant-II (Line) with the erstwhile Madhya Pradesh Electricity Board, posted at Dhamtari. The petitioner made an application for compassionate appointment, which remain pending consideration, meanwhile, new State of Chhattisgarh came to be carved out w.e.f. 1/11/2000 and Chhattisgarh State Electricity Board (for short CSEB) came to be constituted w.e.f. 15/11/2000. Upon constitution of new Electricity Board in Chhattisgarh, the MPEB sent back the petitioner's application for compassionate appointment to newly constituted board/respondent No.1, thereafter, the petitioner submitted an application and remind the respondents that his application is pending on dtd. 28/5/2001, thereafter, his application has been decided and rejected vide order No. 01-04/PD-3/3064, Raipur, dtd. 27/6/2008 by the respondent no.2 by stating inter alia that Govt. of Chhattisgarh/Board has taken a policy decision that preference will be given to those dependent members whose bread earner died on or after 15/11/2000, and since the petitioner's father died on 20/7/1999 i.e. prior to 15/11/2000, therefore, he is not entitled for compassionate appointment.

(3.) In between this Court passed an order on 6/7/2006 in WP No. 1736 of 2004 (Sanjay Yadav v. State of Chhattisgarh) and directed for consideration of application for compassionate appointment of similarly situated person in accordance with policy of 1997 as prevalent, against which respondent No.1/CSEB had filed SLP(C) No.19197 of 2006 (Chhattisgarh State Electricity Board v. Sanjay Yadav and Others) which has been dismissed by the Supreme Court on 26/8/2014, directing the respondent No.1-CSEB to consider the case of the dependents of the deceased within three months, the petitioner's case being similar to that of Sanjay Yadav (Supra) duly affirmed by the Supreme Court in SLP(C) filed by the respondent No.1-CSEB, an appropriate writ(s) be issued for consideration of the petitioner's case for compassionate appointment in accordance with the policy of 1997 on the principle of parity.