HEERALAL BARIA Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition is filed challenging the order dated 27-1-2006 annexure P/10 passed by the respondent Board - denying compassionate appointment on the basis of the circular dated 30-1-1997 and 1-9-2000 and for the reasons narrated in the order impugned.

(2.) IT is the case of petitioner, that his father Kaniram Baria was in the employment of respondent Board, as Line Attendant Grade II, and died on 13-9-1999 during the course of employment. It is further his case that he is the eldest member of the family having six brothers, sisters and widow, however, being a member of the S. T. category and having passed the 8th class examination, an application to grant of compassionate appointment was submitted by him on 19-9-1999. The said application was not considered by the Board, however, a writ petition bearing No. 2922/2005 (8) filed, which was and disposed of vide order dated 14-9-2005, with a direction, to decide the application. Thereafter respondent Board has rejected the said application vide order Annexure P/10 dated 27-1-2006, relying the subsequent policy dated 1-9-2000; whereby, the grant of compassionate appointments are estopped due to difficult financial position of Board; and because the family of the deceased received Rs. 15,000/-of Ex-gratia, Rs. 77,000/- of GIS, Rs. 1,50,766/- of gratuity and Rs. 57,668/-towards GPV. The Board has also directed to pay annuity Rs. 350/- per month in addition to family pension. Such an action of the Board and the order impugned is under challenge in this petition.

(3.) LEARNED counsel, Shri Patne, submits that the application for grant of compassionate appointment ought to have been considered in the light of the circular of the Board dated 30-1-1997 because on the date of submission of the application i. e. 19-9-1999 the said policy was in existence and prevalent, however, denial of compassionate appointment in view of the subsequent policy dated 1-9-2000 is against the settled position of law. To butress his submission, reliance has been placed on the judgment of the Supreme Court in the case of abhishek Kumar vs. State of Haryana and others, reported in 2007 (2) Supreme 519, wherein it is held in the case of compassionate appointment, consideration ought to be in terms of the rule/instructions prevailing, when the appointment is sought for.