LAWS(ALL)-2022-12-112

KHUSHBOO SAXENA Vs. STATE OF U. P.

Decided On December 19, 2022
Khushboo Saxena Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Udayan Nandan, learned counsel for the petitioner and Sri Anubhav Singh, appearing for the respondent nos. 3 to 5 and Sri Krishna Agarawal, appearing for the U.P. Power Corporation Limited.

(2.) This petition has been filed by the petitioner challenging the order dtd. 6/9/2021 passed by the Managing Director, Kanpur Electricity Supply Company, Kanpur Nagar and also praying for a mandamus to be issued to the respondents not to interfere in the working of the petitioner as a Karyakari Sahayak (Executive Assistant) in KESCO, Kanpur Nagar pursuant to the impugned order.

(3.) It is the case of the petitioner that her mother was initially appointed in 1986 in U.P. State Electricity Board. Her services were transferred to KESCO on permanent basis by a government order 11/12/2008. She worked in KESCO for almost 10 years. She was later sent on deputation to U.P. Power Transmission Corporation Limited in 2019 and was working as Senior Officer Assistant in the Accounts Department. She died in harness on 18/5/2021. After the death of her mother, the petitioner applied for compassionate appointment as per provision of U.P. State Electricity Board Dying in Harness Rules, 1975. At the time of her application, she also submitted an affidavit on 14/6/2021. The application and the affidavit have been filed as Annexure-3 and 4 to the writ petition. After completion formalities, the petitioner was informed by a letter dtd. 15/6/2021 that a decision had been taken to offer appointment to the petitioner as Executive Assistant in the pay scale of Rs.27,200.0086,100/-. The petitioner was issued an appointment letter on 24/6/2021 subject to the condition that she obtained CCC qualification within one year from the date of appointment.