IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WA.No. 3011 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.9299/2003 Dated 25/10/2006 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM) VYDHUDHI BHAVAN, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHERTHALA. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, POOCHAKKAL, ALAPUZHA DISTRICT. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONERS -------------------------- 1. C.K.KARUNAKARAN KAMBAKKARAN, MOHANALYAM HOUSE, WARD NO.13, AROOR P.O., CHERTHALA, ALAPUZHA DISTRICT. 2. T.K.RADHAKRISHNAN, S/O.C.K.KARUNAKARAN KAMBAKARAN. BY ADVS. SMT. CAROLIN SINDHU VAZ SMT. SANDHYA RAJU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. No. 3011 OF 2007 -------------------------------------------- Dated this the 15th day of September, 2009 JUDGMENT Ramachandran Nair, J. Heard standing counsel appearing for KSEB-appellant and counsel appearing for the respondents. Appeal is filed against the judgment of the learned single judge, wherein this Court vacated Ext.P7 and directed the Board to consider second respondent's eligibility for appointment on compassionate ground in the KSEB on account of death of his brother. Counsel for the appellant has brought to our notice the provisions of the Kerala State Electricity Board (Appointment of Dependants of Board employees who die in harness or are permanently disabled and are retiring on invalid pension) Regulations, 1985 and Government Order G.O.P. No. 12/99/P & ARD dated 24.5.1999. There is no provision under the Board Regulations or under Government order adopted by the KSEB to appoint a married brother of the deceased on compassionate ground. The judgment relied on by the learned single Judge pertains to KER which has no 2 application here. Her the Board has it's own norms for appointment through the Regulations framed by it and when it has adopted Government orders for compassionate appointment, there is no scope to consider applicability of KER for compassionate appointment in the KSEB. The person who died in service left behind him three brothers and two sisters of which one is the second respondent. He is only SSLC and as of now he is above 41 years of age. Therefore in any case, there is no scope for considering appointment for the second respondent in the service of KSEB after he crossed the maximum age limit for appointment in the KSEB. Writ Appeal is therefore allowed vacating the judgment of the learned single Judge and by restoring Ext.P7 order issued by KSEB. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. 3 kk