DAYA KAUR Vs. HARYANA SLATE ELECTRICITY BOARD

JUDGEMENT

(1.) Shri Mohinder Singh, husband of the petitioner, dies on 16.9.1982 while he was serving as security guard in the office of the Executive Engineer, OP Division, H.S.E.B. Jhanar. By the time of his death, Mohinder Singh had rendered over 10 years of service. After the death of Mohinder Singh, respondent- Board sanctioned Rs. 8046/- by way of ex-gratia to the family of the deceased. On 15.10.1982 the petitioner, made an application (Annexurc P2) for registration of the name of her son for being provided with employment on his attaining age of majority and on his passing the requisite qualifications. A similar application was submitted by the petitioner to the Director, Vigilance, Haryana State Electricity Board on 4.10.1982. From these two applications, it is revealed that Mohinder Singh and the petitioner had four children at the time of death of Mohinder Singh, eldest of ihem being Ms. Sunita aged 10 years, son Sanjay 6 years, Devi daughter aged 4 years and son Sanjeev aged one year. Sanjay passed matriculation examination in the year 1992 from the Haryana School Education Board and thereafter he submitted his application on 13.9.1992 (Annexurc P5) for appointment to the Secretary of the Board. The petitioner also submitted a similar application to the Secretary of the Board on 14.12.1992. Repeated representations made by the petitioner and her son to be employed on compassionate grounds as per the policy of the Government failed to evoke any response from the Board and, therefore, the petitioner has filed this petition and has prayed for issue of a mandamus for appointment of her son on compassionate ground.

(2.) The petition has been opposed by the respondents on the ground that no legal or constitutional right vests in the petitioner to get appointment of her son on compassionate grounds. The respondents have pleaded that the petitioner has failed to act in accordance with the instructions dated 27.3.1991 issued by the Board and, therefore, at this belated stage no direction should be given to the Board for giving employment to the son of late Mohinder Singh. According to the respondents, the application alleged to have been submitted by the petitioner on 15.10.1982 was not received by the Executive Engineer concerned and that in the absence of any such request, it is not possible for the Board to entertain the application at such a belated stage. The respondents have further averred that the application for appointment on compassionate grounds could be filed within the time limit specified in the instructions of the Board and as the petitioner failed to do so, no writ deserves to be issued in her favour or in favour of her son fee appointment on compassionate grounds.

(3.) It is an admitted fact that the Government of Haryana has issued policy instructions containing guidelines for providing employment to the dependents of the deceased employees. The respondent-Board has also issued policy decisions vide circulars dated 14.9.1983, 25.5.1985, 1.10.1986 and 3.11.1988. According to the respondents, no request for employment on compassionate ground could be entertained until an application is made to that effect within one year of the death of an employee as per the instructions contained in circular dated 26.5.1985. This period was extended to three years vide circular dated 1.10.1986.