BIJLI KARMACHARI SANGH Vs. M P ELECTRICITY BOARD

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. 1003/92 (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 May 17, 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 petitioners has argued that this cut off period of 15 years has no relation with the ultimate object sought to be achieved. This cut off criterion of 15 years is yiolative of Articles 14 and 16 of the Constitution of India.