PRAKASH KUMAR DEBATA Vs. EXECUTIVE ENGINEER GRIDCO

JUDGEMENT

(1.) THE petitioner is aggrieved by the refusal of the Grid Corporation authorities (for short, 'the Gridco') giving him the appointment under the Rehabilitation Assistance Scheme against the post held by his father late Narayana Debata who, while in service died of an accident on May 18, 1996. He was serving as a 'helper' under Opp. Party No. 1, Executive Engineer, Jagatsinghpur Electrical Division. The refusal is on the ground that though earlier there was such scheme under the erstwhile Orissa State Electricity Board ('oseb', for short), yet the same is no more available because of the repeal of the Orissa State Electricity Board Service (Rehabilitation Assistance) Regulation 1992, by notification of the said Board dated March 27, 1996. However, the authorities have a scheme to grant compensation of one lakh rupees in lieu of such appointment.

(2.) MR. J. C. Mohanty, learned counsel for the petitioner, strenuously urged that notwithstanding the repeal of the Regulation the petitioner is entitled to be rehabilitated since the Gridco is a public sector undertaking under the State of Orissa and by virtue of Clause (iv) of Rule 11 of the Orissa Civil Services Rehabilitation Assistance Rules, 1990 (for short, 'the Rehabilitation Assistance Rules') the scheme is also applicable to the employees of the public sector undertakings under the State Government. According to Mr. Mohanty, the Gridco authorities cannot plead a case contrary to the above provisions. Mr. B. K. Patnaik, learned counsel for the opposite parties, however, submitted that unless there is a scheme, it cannot extend such a benefit to the petitioner. Further, the Gridco being a separate legal entity, it is not bound to follow the rules applicable to the Government. We may examine the correctness of the respective contentions.

(3.) THERE is no doubt that the Gridco is a statutory authority and is an instrumentality of the State and bound by the directives and policies of the Government for dealing in matters relating to electricity. By notification dated April 1, 1996 the State Government made a Scheme transferring the assets, properties, liabilities, proceedings and personnel of the Orissa State Electricity Board to the Gridco effective from April 1, 1996, the date of the notification. Under Sub-rule (4) of Rule 6 of the Orissa Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1996, it is stated that by such transfer, the personnel shall form a part of the services of the Gridco in the post, scale of pay and seniority in accordance with the schedules specified therein. Thus, there can be no dispute with regard to the fact that deceased Narayana Debata on the date of his death had become the employee under the Gridco. This fact is also admitted by the opposite parties.