SUNDARMANI DAS Vs. ORISSA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition has been filed for issuance of direction upon the opposite parties to consider and dispose of the petitioner's grievance within the period fixed by this Court.

(2.) The grievance of the petitioner is that her husband late Hemanta Kumar Das was working as Jr. Engineer under Orissa State Electricity Board (in short O.S.E.B.) and while working under the City Distribution Division, Ranihat, Cuttack died on 11.6.1992 leaving behind him his wife, at that time aged about 56 years and three sons and one daughter. Out of the three sons the eldest son was residing separately during the lifetime of his father. The other children, namely, Arup Kumar Das, at that time 24 years and Arun Kumar Das, 22 years at the time of filing of the writ petitioner who were unemployed and residing with the mother, hence in view of the power conferred U/s.79 of the Electricity Supply Act wherein a regulation known as O.S.E.B. Service (Rehabilitation Assistance) Regulation, 1992 has been formulated for rehabilitation of the family members of the employees who had died or has suffered from permanent disability while in the employment of the Board and whose earning capacity is up to Res.12,000/- a year and the family has no adequate income from the immovable property to earn its livelihood, provision has been made for their appointment on compassionate ground if the candidate is found to be eligible.

(3.) Counter affidavit has been filed on behalf of opposite parties wherein it has been stated that after commencement of Orissa Electricity Reform Act, 1995, the Orissa State Electricity Board has been ceased to exist and Grid Corporation of Orissa has come into existence with effect from 1.4.1996. By virtue of a gazette notification the O.S.E.B. Service (Rehabilitation Assistance) Regulation, 1992 has been repealed w.e.f. 29.3.1996 and as such after 29.3.1996 the petitioner is not entitled to get any consideration on the basis of O.S.E.B. Service (Rehabilitation Assistance) Regulation, 1992.