IN THE HiGH COURT OF JUDiCATURE CHHATTISGARH AT BILASPUR W. P. NO.ZSITf 2004 ^<~^TJ\- ,JP^·;^^ .^' ^r -•y>'^'' <" / ^ l^- Mannlii *" *i3' Dashrath Vishwakarma S/o j ato Shri Vishwakarma, Aged about 33 years," R/o Chingrajpara, Bilaspur, Dist: Bilaspur-(G.G.) Chhattisgarh State El^ctricify BoarciThrough The Secretary DagaFlia Raipur, Raipur-(C.G.^ The Fvladhya Pradesh Electricity Boarcl, ThrougRitMe Secretary, Shakti Bhawan, Jabalpur-(ivI.P.) The Executiva Engineer, Chhattisgarh Sfate EleGtncity Board, Biiaspur, (C.<3.) 1 The Union offnciiaTKfough 1 | The Chief Secreyfy,.iHuma^ Resources Mantralaya, Hew Delhi The State of Gfihattjsgarh Through The seeFetary,i Generat »dmii'li5tirat)ve| Department, @KS Bhawan,i RaipuT-(C.G.) WRIT PETiTION UNDEl¥ARTICLE226/ 227 OF THECONSTITyTION QFINDIA ROi^lSSUANCEQFWRI'Fsll S'FyREQRNIAN@AnSUS. I RTBMQi^R.iRROHl^iQN.ie^^NaaS®RB@R^DERaN@i/@R DlRECTlQN/.tiiRECl'liiiliilsiil^ : !' ! 11:! 111 -y XI-HC-22 g^^raRW.STftwre, (fciwy *<I*ICTI st>li<n 311^1 M^cn ^^.:M.:S^/^ 200 f^s WlfepfrlWRff it te^t^l^ ^arf^irsn^r 3)1^T?>T f^iwsD^r sbtli+uRd Shri V.K. Deshmukh, le^ Shri A.S Gaharwar, lean ShriS.K. Beriwal, learne rned counsel for the petitioner. red counsel for respondent No.1 . d counsel for respondent no. 4. Heard. By this writ petition und^r Article 226/227 of the Constttution of India the petitioner has prayed for a[ direction to the respondent - Chhattisgarh State Electricity Board to c)onsider the case of the petitioner for compassionate appointment. The case of the petitioijier is that his father namely late Manglu Vishwakarma died in harness (>n 08.09.1999 while working as Attendant Grade-lt (Helper). The petition]er apptied for compassionate appointment on 09.12.1999 and the same w^s forward by the Executive Engineer to the Chief Englneer, Madhya Pra(lesh Electricity Board. The application remained pending and no order ('egarding compassionate appointment was passed. In the meantime, on ac<tount of the reorganization of the State, the State of Chhattisgarh was carvep out w.e.f. 01/11/2000 and thereafter the Madhya Pradesh Electricity Boe|rd was also bifurcated w.e.f. 15/11/2000 and Chhattisgarh State Electricity Board came into existence on that day. As per the reply of the MPEB, th^ case of the petitioner was transferred to XI-HC-22 STI^T^T fewsn^r giiiwgfer TSt^fpfKFV, Srfrm?, fawiuy KW^IsbKI^R 3ll^iq5lt> .w.p.-^.-^J^/R^ Rres 31^!j| JWIW^B -^/- '^ 200 ^pri?I^WRfffffecA^reaT ^;gri^iT3ii^T the CSEB on 22.11 .2002 an^ the name of the petitioners appears in Uie said list as Sl. No.170. Th|s Additional Secretary, Chhattisgarh State Electricity Board vide letter (A<inexure-A/5) dated 11.06.2004 informed the /^ petitioner that ttai (loafliTef his ^ther died on 08.09.1999 due to illness and as per the policy of the CSEB tlfie dependants of those employees who died on or after 15.11.2000 are entit|ed for compassionate appointment. Similar is the reply of the CSEB. A^ per the provisions of sub-Section (4) of Section 58 of the Madhya Prapesh Reorganisation Act, 2000 the assets and liabilities and employees ^f undivided Board were to be distributed among the MPEB and the CSE^. Vide order dated 6th January 2004, th® Government of India, Ministry <}f Power, issued an order in which it has been mentioned that representatjves of both the States agreed in a meeting taken by Secretary, Power oi\ 20* March 2003 that the division of employees would be in line with ^olicy adopted for division of employees of Madhya Pradesh Government. |n Para 2, it has been mentioned that the matter has been consjdered and in partial modification of provisional order dated 12 April 2001 so far as r^lating to the division of employees it has been decided finally to divide the rtosts and employees on the lines followed by DOPT for allocation of posts ar^d employees of the State Government of erstwhile Madhya Pradesh for mak|ng allocation of poste and persons to the ^ -——'——— ^^l.iJ [-HC-22 an^iqir i^IWSfl^T shll'tiHRsT 3^ ^Miciii, ®Tn+ri6,Ricfi^y ^-.a-j; 3<l^l^si<t» , ^r^^^-^^^^ FqO«Sl •til<i?d41^ 41^dTfffe'<0 <R|<<1< ^srf^iTsn^r successor Eiectricity Board of i^PEB on the temtoriai jurisdiction of a succ^ssor State State and s[milariy smployees b|e!onging to being ailocated to concerned S|tate and oniy and employees between the tjwo States, thaf posts relatable to be allotted to respective sub State territorial cadres dividing the remaining posts Government of tndia has decided So appoint a three m|embers State Advisory Committee to be headed by the same person w1\o was the Chairman of SAC appointed by DOPT for Madhya Pradesh. T^erefore, on this principle the employees of K4PEB who were working in the to be allocated to the successor territory of newty created Chhattisgarh are Chhattisgarh State Electricity Board on the principle and line foilowed by DpPT for ailocation of posts and employees of the State Government of ei|stwhile State of Madhya Pradesh. It is admitted position that the petitioner's father, at the time of death l.e. >ur which falts in the temtory of CSEB and |for compassionate appointment the policy 08.09.1899 was working at Bil when the petitioner had applied Therefore, his case ought to hav for compassionate appointmer|t dated 30.01.1997 was in existence. ^ been considered under that policy by the MPEB and on the same line th^ State of Chhattisgarh has also taken a decision that the dependants of those employees who died on or after 01.11.1997 are entitied forcom|passionate appointment. Therefore, the /' XI-HC-22 a.n^rw f^IWWI^T sfixi* yRd ^ 3's?'^IFIRPT, eiTflu'R, Rtciray 3ll<3i<ll Macn ^U-.P.^.-.^.W/P^ 200 l||t<dl shtllcb fcl'b^ sii^ig'wiwgfer +i«[<-i41^xiDcfT^fe^ <Ri(<i< ^.gf^iTsn^T petitioner is entitled for consi<|teration of his application under the policy dated 30.01.1997. For the foregoing reasonjs, the petition iyallowed and the respondent - CSEB is directed to consider |lhe case of the petitioner for compassionate appointment in accordance with the policy dated 30/01/1997. Certified copy as per rule^. Scli- L.C. Bhadoo Judge (Ift^y^) v/^./^ '^^Ai^aL