^^^ ^?llf^^ -^l *nu '^>.®s "^ ^&1<,«5^ -^^^^vI^V <» ^a, w t \^ ^/^^. "\ \7im .,4 IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P. N0. /2006 PETITIONERs .•<.lA-'''',..•• .^•('•J^' .•••"' <y^..-^'^L.^'~ ..%^""" ^'^'^ 1<;l':^... '^-"" {^' :1. Mrs. Kusumg^t Soni Wd/o. Late Bharat Prasad Soni Aged about 45 years, 2. Ajay Kumar Soni ,.;-'^y'* ^ S/o. Late Bharat Prasad Soni Aged about 19 years, Both Resident of Chatidih Ramayan Chowk, Tahsil & District Bilaspur (C.G.) VERSUS L._. RESPONDENTS ^ .0^^ ^A^,^ >\VA»is:' .\v yv~ 2. ^\y-.'.. ^.-.---T' State of Chhattisgarh Through Secretary Ministry of Home Affairs and Secretary Department of Electricity Board, D.K.S. Bhawan, Raipur (C.G.) Executive Engineer Chhattisgarh Electricity Board Raipur (C.G.) Union of India Through the Secretary Department of Personal, Public Grievance and pension, Third Floor, Loknayak Bhawan, Khan Market, New-Delhi..^ WRIT PETITION UNDER ARTICLE 226/227 OF CONSTITUTION OF INDIA ^sSs^ ^l..- *» * XI-HC-22 sn^rw R-ii+an^r snHiii Niflf^t 3^ '<ll<41cl'i|, OTfl^'IS, Islcflti^ Sll^l ^is«h .k'.:K:HC'.:&§.'?lo.t. 11*IWTSh1|ch Wi; 200 fe^s ai^i g'wiwgfsa' 11.7,2006 Shri D.R. Shamna, learned co! Shri A.S Gahamar, learned o Shri S.K. Beriwal, tearned Heard. |nsel for the petitioner. (unsel for respondent No.1. cou^sel for r^pondent no. 4. By this writ petition under petitioner has prayed for a directicfn Electricity Board to consider the appointment. Arlicle 226/227 af the Constitution of India the to the respondent - Chhattisgarti State |case of the petitioner for oompasslonate The case of the petitioner is Soni died in hamess on 27.09.191 Bilaspur. The death certificate is petitioner No.2 is son of the deceas^d the deceased employee petitioner applied for compasslonate appointi|nent majority and petitioner No.1 wants appointed on compassionate groun4 her affidavit. The case of the petitiorff on account ofthe reorganization oftt)< out w.e.f. 01/11/2000 and thereaftef also bifurcated w.e.f. 15/11COOO into existence on that day. As per tt|ii arld <ni<<I<'t<fl-< ii*iciTffteA<Rf^ilt ^sii^ffsn^r |hat her husband namely late Bharat Prasad )8 while working as Assistant Lineman at /^lnnxture-P/3. PetitionerNo.1 is widow and employee. As at the time of the death of No.2 was minor, therefore, petitioner No.1 iti|nent. Now, peti65ioner No.2 has attained |hat instead of her petitioner No.2 should be In this regard, petitioner No.1 has also ffled |ere was not considered and in the meantime, )e State, the State of Chhattisgarh was can'ed the Madhya Pradesh Electricity Board was Chhattisgarh State Electricity Board came provisions of sub-Section (4) of Section 58 ('ftg?^^) XI-HC-22 3I1^!T?CT f^Twaii^r aii yRa Stl1 3^ '<<WM^, eiTdti'is, Ricii'tfy 3TT^?I ^sith Hl*f(^T$nii<«i ^hi.ifi ;/VP. ; 8SS^o6W^ 200 fa^ aiT^TBwiWofCT -A- Janu^ry meetfng of the Madhya Pradesh Reorgani^ employees of undivided Board we( CSEB. Vide order dated 6U* Power, issued an order in which both the States agreed in a 2003 that the division of employ^ division of employees of Madhya mentioned that the matter has b^« provisional order dated 12 Apri) employees it has been dectded lines followed by DOPT for Government of erstwhile Madhyaf pereons to the successor Electricity reiatable to territorial jurisdiction State and similarly employees allocated to concerned State and between the two States, the Govef members State Advisory Committ^e the Chairman of SAC appointed principle the employees of MPE^ created Chhattisgarh are to be ^l »i<i[fl<fl-<*<iifiTffte^<Ri«i< ^sfRrR'sn^T firjally alloitation i^ation Act, 2000 the assets and liabilities and (e to be distributed among the MPEB and the 2004, the Govemment of India, Ministry of |t has been mentioned that representatives of taken by Seoretary, Power on 20 March ^es would be in line with policy adopted for fradesh Government. in Para 2, it has been ^en considered and in partial modification of 2001 so far as relating to the division of to divide the posts and employees on the of posts and employees of the State Pradesh for making allocation of posts and Board of MPEB on the principle that posts successor State may be aliotted to respective to such subState territorial cadres being o^ly dividing the remaining posts and employees [•nment of tndia has decided to appoint a three itt^e to be headed by the same person who was byjDOPTforMadhyaPradesh. Therefore, onthis who were working in the territory of newly llocated to the successor Chhattisgarh State (•fl^y^) offe belcfnging y XI-HC-22 sn^rw R-fi+an^r HTWf^H' ^^ 3^ •<ii<iici<4, siTflu'is, Rldiy^ 3Tli^I <4S)ch flllWTsn*ii<»» ^.,P..:^.:S8^>6W^ 200 Rl'b^ Sll^l SWIigTBf^T -5- petitioifier's CSE& Electricity Board on the principte ar and emptoyees ofthe State Goverr is admitted position that the was working in the territory of compassionate appointment the 30.01.1997 was in existence. Theil under that policy by the MPEB and| also taken a decislon that the 01.11.1997 are entitled for compa^s No.2 is entitled for cohsideratiod 30.01.1997. •td line foltowed by DOPT for allocation of posts (ment of erstwhile State of Madhya Pradesh. It ifier's father, at the time of death i.e 27.09.1998 and when the petitioner No.1 had applied for jsolicy for compassionate appointment dated jefore, her case ought to have been consclered |on the same linethe State of Chhattisgarh has of those employees who died on or after (sionate appointment. Therefore, the petitioner of his application under the policy dated depe|idants For the foregoing reasonsj CSEB is directed to consider the appointment in accordance with th^ Certified copy as per rules. tiiili'i'fl-i ii>iciT^te^t'<R]<?;i< ^Sff^TSn^T the petition is allowed and the respondent - case of the petitioner No.2 for compassionate policy dated 30/01/1997. Sd;- L.C. Bhadoo Judge (Ift^^t) ^,