KERALA STATE ELECTRICITY BOARD Vs. BAIJU CHANDRAN

JUDGEMENT

(1.) This Writ Appeal is filed by the respondents in W.P.(C)No.30561/2012. That Writ Petition was filed by the son of a former Part-Time Contingent Employee who died while in service of the Kerala State Electricity Board Limited (hereinafter referred to as 'KSEBL'), on 21.3.2011, claiming compassionate appointment. The claim of the writ petitioner was rejected on the ground that only the dependants of the Part-Time Contingent Employees, who die before attaining the age of 60 years are eligible to be considered for compassionate appointment in terms of the industrial settlement entered into between the Kerala State Electricity Board and its employees, in 2007.

(2.) The writ petitioner contended, inter alia, that the provisions of the long term settlement were in direct conflict with Statutory Regulations framed by the erstwhile Kerala State Electricity Board in the exercise of the powers conferred by Section 79 r/w. Section 15 of the Electricity (Supply) Act, 1948. These regulations, which are produced as Ext.P2 along with the writ petition clearly did not place an embargo on the dependants of Part-Time Contingent Employees, who died after attaining the age of 60 years from claiming the benefit of the dying-in-harness scheme.

(3.) A learned Single Judge allowed the writ petition following the judgment in Rita Bella v. State of Kerala, 2015 1 KerLT 691, wherein it was held that the provisions of the settlement cannot override the Statutory Regulations in determining the eligibility for appointment of dependants under the dying-in-harness Scheme.