SHANTI DEVI WIDOW Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has sought issuance of a writ of mandamus commanding the respondents to grant family pensionary benefits being widow of late Sh. Chamela Ram, her husband, who was in service of the Haryana State Electricity Board.

(2.) THE petitioner's husband was Sweeper in the Haryana State Electricity Board, Operation Division, Yamunanagar, who died on 11. 11. 1980. On account of the unfortunate death of her husband, the petitioner made request for grant of pensionary benefits as well as sought appointment of her son on compassionate grounds. Since no action was initiated by the Board, the petitioner filed Civil Writ Petition No. 17122 of 1991 titled as 'ramesh Kumar v. Haryana State Electricity Board and Ors. ' claiming appointment on compassionate grounds which was allowed by this Court vide order dated 11. 2. 1992 with a direction to the respondents to provide employment, to the petitioner Ramesh Kumar (son of Chamela Ram ). Pursuance to the order of the Court, present petitioner's son was given appointment from 21. 4. 1992. Since she had been denied pensionary benefits in view of the service rendered by her husband, the petitioner again moved the concerned authorities for grant of legitimate relief basing her claim upon the decision of Civil Writ Petition No. 10047 of 1990 decided on 13. 11. 1990. This prayer was, however, declined by the authorities on the ground that her husband was not a regular employee of the Haryana State Electricity Board i. e. he was a work-charged employee and thus no pensionary benefit could be granted to the petitioner. Hence, the present petition.

(3.) NOTICE of motion was issued to the respondents who put in appearance and have filed written statement challenging the maintainability of the present petition on the ground of in ordinate delay as well as the right of the petitioner to claim pensionary benefits as her husband was only a work-charged employee.