^wi^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 4:J.?:8.. .OF 2004 PETITIONER lir' : ^is^ ''-sV^Kumar Pandey, S/o. Late S. Pandey, C/o. Rita Pandey, Madhu Chowk, Behind State Bank, Balod, Distt. Durg (Chbattisgarh) VERSUS RESPONDENTS , 1] ,. ^ riA^. 4^ :uff^r ^^\^. 2] ^^t.3' ^ —"^__ ^ LL^ </^ Chhattisgart]. State Electricity Board, Dagania, Raipur, Tbrough: Secretary, C.S.E.B., Raipur (C.G.) Madhya Pradesh Electricity Board, Through: Secretary, M.P.E.B., Rampur, Jabalpur (M.P.) State of Chhattisgarh Through-Chief Secretaiy, Mantralaya Raipur (C.G.) TITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA. ; _^u=Ho; j^ ^- lioo •>' \~ ;.€.^ '^.'^»y ^dB^ C^"^ .1NC ail":Bilg8 b^%v F.X^^ *lbis^^¥is^-^ XI-HC-22 a.n^rw ^•iTOsn^T *«i+uftd g^'^qrai^pr, grflwTe, fa^iyy 3liq<?lM?<cn 11HCTI ShHIW^S^m^ fSres 200 aii^Kwiwnfer •dt.M'l^-lW^^fh^ <Rl^K ^isrf^R'sii^r 7.7.2006 Shri Ashok Vaishnav, l^arned counsel for the petitioner. Shri A.S Gaharwar, les^ned counsel for respondent No.1. Shri P.S Nair, learnetj Senior Advocate, with Shri P.S Koshi, learned counsel for respondeitt No.2. Shri G.K. Beriwal, learjied Dy. Advocate General, for the State Chhattisgarh. Shri S.K. Beriwal, learn^d counsel Tor respondent no. 4. Heard. By this writ petition, the| petitoner has prayed for a direction to the respondent - ChhatUsgarh State Electricity Board to give him compassionate appointment or| the post of AG-111. The case of the petition^r is that his father namely tate S. Pandey expired in harness on 06/04/1996 while working in the Department of Electricity Board as Office Assi^tant Grade-11. On that, the petitioner made an application for appointment t»ncompassionate ground and an order of appointment on the post of Metshanic Helper Grade-11 was issued by the MPEB on 03/05/1999 (Annexur^-P/1). The petitioner made an application dated 01/06/1999 (Annexure-P/^) for extension oftime for joining. On the request of the petitioner, the jo|ning date was extended for production of the certificates vide Annexur^-P/3 so that the petitioner may be (tft^^^) f^ XI-HC-22 3^ '<ll-i|ld<l, ®T(1'y'is,Riwitfy 3)1^1 M;l<ft _^f).: .:(i^.^ II*IMI ss*n^> V^ 200 fa'b.d sn^rqir R-ii+an^T 5ti+i yf^a 3<1^1 ^WIWlfet -z- +l*l?d''fl-1 lllcfTft'rs'4 <l"l<-&i< ^sif^rsn^T considered for appointment on the post of AG-tll. The request of the petitioner was accepted and he| was given thirty days' time for production of certificates. On 10/06/1999 (Annexure-P/4) i.e. within the time allowed by the respondents, the petitioiter submitted the certificates. Thereafter, the petitioner made several refjresentations to the Electricity Board, but, nothing has been done. Rather vide communication dated S who died on or after 15/11 his claim has been declined by the CSEB 9/01/2004 (Annexure-P/10) mentioning therein that as per the policy de(;ision the dependants of those employees /2000 are entitled for compassionate appointment. The reply of the (pSEB is atso to that effect. However, the reply filed by the MPEB is t^at after reorganisation of the State on 01/11/2000, and as per the Gov| dated 12/04/2001 read with corri been constituted for the area of smment of India, Ministry of Power, order gendum dated 18/05/2001 the CSEB has ^he State of Chhattisgarh and the Central Government on the request of| directions for division of thel provisional basis w.e.f. 15/04/^ appointment which were pendin^ 17/01/2002 and to the Additio both the successor States has issued assets, liabilities and employees on 001. Alt the cases of compassionate with the erstwhile MPEB have also been sent to the Joint Secretary (Pei^onnel), CSEB, Raipur vide letter dated al Secretary, CSEB, Raipur vide letter (ift^^fa^) XI-HC-22 /7-s-s-. iQ 'i / 3^ '<<!<<Kl^, yTfly'KS, ?slC1l«y ^W.J?-..^....4^/OJ iiwiTgi*ii<») Wi; 200 f^% STI^TW f^rwsn^i ifer ^NWd <tii<iF<'i<fl'< iiinTftfe1[il'<Ri«i< ^isri^iTsn^T dated 22/01/2002, the Addt. Secretar/, CSEB, namewas mentioned atSr. petitic|ner's case is that his case was sent to the Rairiur vide letter dated 22/01/2002 wherein his No.120. I have heard learned ct Having heard learnec^ record, it is an admitted positf on compassionate ground or( order dated 03/05/1999 a( (Annexure-P/3) dated 04| (Production) that the petition^ Mechanic Helper Grade-11 was allowed. However, it wa| should join within the appointment order would be petitioner had notjoined on to the said post is not Now, coming to the second petitioner to the respondents the post of AG-111 regarding v >unsel for the parties. counsel for the parties and perused the on that the petitioner was already appointed the post ofMechanic Helper Grade-11 vide id it is also clear from the document '06/1999 issued by the Chief Engineer extension for joining on the post of ultimately the time sought by the petitioner ^ made clear in that order that the petitioner allowed by the MPEB, otherwise his treated as cancelled. It is admitted that the post, therefore, now claim of the petitioner to him as he failed to joln on that post. |mb of the argument that the request of the authorities that his case be considered for 1/hich he had produced typing test certificate petition^r sought antl perijsd thlat available ('flasRa^l) XI-HC-22 3^ 'i|l''ll<'l''<, (iiTflu'is, Rciitfy ^.M^.^^ „, >(Ti«iTr$h*<iw fcre^t sn^rqir Rwiisn^T 5hW^ <-li?(f 311^1 (WIWHf^cT -4- +i<if<'t'i(1-f t)itid1'ffFsl<fl <R]«|< ^sri^R'sn^r M .//^ '-;:'/^ . / *\; ,sf^ on 10/06/1999, but, his case the post of AG-111. But, to this eff^ meantime CSEB came into rehiained circumstances, as the file of the the CSEB to examine the file ofl promise was made to the petitio^ the post of AG-111, then his appointment on the post of AG-11) the petitioner had made any AG-ill in place of Mechanic Help) the same on production of doci entitled for any relief. ft is made file, then the petitioner is entitled accordance with the policy dated With the above observatioi pending for the consideration for sist, there is no reply of the MPEB. In the existence w.e.f. 15.11.2000. In the Ipetitioner is avaitable with the CSEB and 1 the petiUoner. If as per record any such ler that his case would be considered for ase be processed for compassionate If there is no such noting on the fite that recjuest for the appointment on the post of sr Grade-11 and the authorHaes agreed for |menls then the petitioner would not be |clear that if such a noting is found in the for consideration for the post ofAG-111 in 1130/01/1997. , the petition stands disposed of. "-^ar- ^.Bhadoo 3ud9e (<ft^y^)