SITA DEVI Vs. M.P.E.B.

JUDGEMENT

(1.) THIS order shall govern disposal of W.P. No. 932 of 1993 (Udai Wacha Sunder v. M.P. Electricity Board and W.P. No. 1403/92 (Smt. Sita Devi v. M.P. Electricity Board and Ors.), also. Facts have been taken from W.P. No. 467 of 1993.

(2.) THIS is a petition under Article 226 of the Constitution of India. One Laxman Das, father of petitioner No. 3, was in the employment of the M.P. Electricity Board. While in service, he died. The death took place on 17th of May, 1979. Even though the petition has been filed by three petitioners, the claim to appointment on compassionate grounds is made by the petitioner No. 3 alone. This claim is being denied by the Board on the ground that as per the policy of the Board, the benefit of appointment on compassionate grounds can be granted only to that legal heir where the deceased employee had rendered less than 15 years of service.

(3.) THE learned counsel for the respondents has tried to support the policy on the ground that the criterion has been adopted because after an employee has rendered 15 years of service he becomes entitled to several benefits which give sufficient relief to the family of the deceased. These benefits have been described as payment made by way of ex -gratia payment and annuity etc. It is stated that the pay of an employee reaches to such a scale which is enough to sustain the family of the deceased for all times to come.