— J“ Wham“ “L458 mmg / aha} Tnpatha, gged about a. 19 years» ssml ©f Lat% ?anka3 if / w mar Trapatma gemdent Of a‘ "\ I §3ramaxy $chmi m from af Mudajpmg S E (2: L Kama Q W éyx msmctKmbazca) /"' i ?‘Q ex (LL Sta? 0f Chhat%i$garh, Wemgh : Secmtaxya Qwartment 6f 9ower and Enm Kalyan Bhawana Raipm‘ {Chha‘ttkgai‘h} Chhamssgarh State Elecmcaty Baard Rmpm‘ (fig) Madhya Pradwh Vadyu‘t Mamiai Bhcgmi BhiypaiiM?) v XI—HC-78 &§. ¥ , saw WWW Wm .... é’T...../m 200 9‘ mama-«’W) WW§MW ma1%aanéw éswm 6-7-200$ Mr. G‘S. AgrawaL Senior Advocate wiih Mr. KR. Nair. Advocate fo the petitioner. Miss Deepaii Pandey, Panel Lawyer forihe State/respondent No.1. 'Mr. A.S. Gaharwar, Advocate, with Mrs. Rita Haider, counsei for respondent No.2. Mr. Vivek Verma, counsel for respondent No.3. Mr. S.K. Beriwai, Central G Counsel for respondent No.4. The petitioner, who is son of Late Pankaj Tripathi who died on aocount; heart attack on 11-12—1998 while we king as Assistant Mechanic Grade-l in the services of respondent No.3, has ti this writ petition under Article 226/227 of the Constitution of lndia, to consider is case for compassionate appointment. The case of the petitioner is hat on the death of his father, his mother Vandana Tripathi moxied an appticati n for compassionate appointment on 18-1 1999 (Annexure P-2) before respon nt No.3. As mother of the petitioner was aiready aged about 35 years, thereto e, she was informed that she is not entitled for compassionate appointment on account of over age; At that time, the petitioner had not completed the ag of 18 years therefore he was also not emitted for compassmnate appomtm nt and he attained the age of majority on 24 11-2003 as such he applied for mpassronate appomtment on 12 4-2604 vide Annexure P-4. The respon s are not considering the case of the petitioner for compassionate app intment, therefore, they be directed to consider the case of the petitioner f0 compassionate appointment. Reply has been filed on beh lf of respondent No.2 CSEB to the effect that as per the policy dated 28-2-2 04, dependants of those employees wh died on or after 15-1 1-2000 are entitl d for compassionate appointment. l have heard teamed counself r the parties. 3? r o ‘ l - o d t o mmw -2T mm§wm aawsnazr Father of the petitioner was W Drking at Koyba, which fans in ihe terriioriai jurisdfc‘tion of CSEB. ii is irue ihai n reorganisamn of ihe Siaie, MPEB was bifurcated with eii’ect from 15-11-200 , bui as per the decision of Union of india and as per the agreement entered into between representatives of both the $taies in a meeiing taken by Secre ry (Power) on 20th Maroh‘ 2003. the two Staies agreed Tegarding the divis on of employees as per ihe ierriioriei jurisdioiion of successor States. ii as been decided i0 divide {he poets and employees on ihe lines foiiowed by T for aiiocaiion of posts and employees of the Staie Government of ersiwhil Madhye Pradesh for making allocation of posts and persons i0 the successor Electricity Board of MPEB on the principle that posts reiaiable io ierritorial juris' iciion of a successor State may be ailoiied io respective State and simiiariy mpioyees belonging io such sub State ierriioriai cadres being allocated to c ncerned State. Father of ihe petitioner was w rking in the territoriai jurisdiction of CSEB, as such, ii is the “ability of CS to consider the case of compassionate appointment of the petitioner, as h father was employee in the territory of CSEB. Therefore, the cut of daie in View of the above division is of no avail to the respondent CSEB and CSEB ha liability to consider the cases of all those employees who even died prior to 1 41-2060, working in the territorial area of the existing CSEB. Even the State Chhattisgarh, which came into existence on 1—11-2609 under the MP‘ Reor anisaticn Act, 2000, has decided that the dependants of those employees wh died on or after 1-1 ’i -1 997 shall be eligible for consideration of appointment on ompassionate ground. in the circumstances, the res ondents are directed to consider the case oi the petitioner for compassionate a pointment. With the direction aforesaid, t e petition stands disposed of. Parties are entitled for certitie copy of this order. P E f