NIRMALA DEVI Vs. STATE ELECTRICITY BOARD & ORS.

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against judgment dated 7.5.2002 passed by the learned Single Judge whereby the writ petition filed by the appellant claiming an appropriate writ, order or direction directing the respondents to give employment to him on compassionate ground was dismissed.

(2.) Kamal Dev, husband of the appellant was employed in the respondent Punjab State Electricity Board (for short the Board) as Class IV employee w.e.f. 24.7.1985 in the work-charged capacity. He died in harness on 1.8.1990 i.e. after completing 5 years continuous service under the respondents. The appellant requested for employment on compassionate ground vide request dated 30.8.1990. However, she failed to get a favourable response.

(3.) The appellant has relied upon letter dated 3.3.1980 appended to the writ petition as Annexure P.2, to the effect that for the purpose of providing employment under the priority scheme, officials having worked for 5 years in a workcharged capacity shall be considered at par with employment on regular establishment for giving the benefit of employment to the dependents in case such an employee dies in the service of the Board. The appellant, thus, claimed that in view of the said policy decision of the Board, she is entitled to be considered for appointment on compassionate ground as her husband had completed continuous service of 5 years as workcharged employee.