SECRETARY K S E B Vs. MADHUKUMAR

JUDGEMENT

(1.) The dispute that is to be resolved in this Appeal is the claim for appointment under dying in harness scheme of the dependant of a part time contingent employee who died at the age of 59. The brief facts necessary for the disposal of the case are the following:

(2.) Late Shri. P. K. Sankaran Nair was a part time sweeper under the Kerala State Electricity Board. He died in harness on 4.7.1995 at the age of 59. The dependant / writ petitioner filed Ext. P1 application for appointment in the Board under the dying in harness scheme. According to the writ petitioner, Ext. P3 order issued by the Government is applicable to the Electricity Board and the same governed his right to get appointment. But the Electricity Board by Ext. P4 communication rejected his claim. The reason was that employee died after attaining the age of 55 and therefore, according to the Board, the applicant is ineligible. The aggrieved applicant filed O.P. No. 1042/99. It was resisted by the Board reiterating the stand taken by it in Ext. P4. The learned single Judge who heard the Original Petition rejected the contention of the Board and quashed Ext. P4. The Board was directed to consider the application of the writ petitioner on merits ignoring the stipulation regarding the date of death of the employee. It was also ordered that if the writ petitioner is entitled to get employment otherwise, he must be given employment.

(3.) The respondents in the Original Petition feeling aggrieved, filed the present Appeal. Counsel for the appellants took us through Annexure A guidelines dated 29.4.1985 governing appointment under the dying in harness scheme. Reference was made to Para.4(5) which reads as follows: -