IN^^:7r^'~- R ^n IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 431 ^ / 2004 PETITIONER ....^y^-! ^^••r Rajesh Kumar Rangari, S/o. Late Shri Mangluram Rangari, Aged about 33 years, R/o. Tulsipur, Bakhtawar Chal, Ward No. 16, Tahsil and District Rajnandgaon, (C.G.). "^.^ RESPONDENTS ,^^ ^;^, l^w ^ ^ <f p:^, - '^.- vf ...^•A ,. ^- VERSUS State of Chhattisgarh, Through: The Secretary, Energy Department, D.K.S. Bhawan, Raipur, (C.G.). Chhattisgarh State Electricity Board, Through: The Secretary, Danganiya, Raipur, (C.G.). Madhya Pradesh Electricity Board, Through: The Secretary, Shakti Bhawan, Jabalpur, (C.G.). Union of India, Through: The Secretary, Ministry of Personnel, Public Grievances and Pension (State Re-organisation Cell), III Floor, Lok Nayak Bhawan, Khan Market, New Delhi. The Officer on Special Duty, State Government ofC.G., Public Grievance Redressal Cell, General Administration Department, Mantralay, Raipur, (C.G.) ^^f..SSS^ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURE ETC. —J.-„___._____ -;-.--:::^. v^1 .llA, ^ ^: H'd'W ^ncYeqef ueaeqa T^'^IIS ^A^re^^DQg aq^ q&no^ys ^p^eo® ^TSy^g»ST;3 s^&^g qsape^d eAqp©w x g^oig ^uopao6s^»" ^ ^ e. ^ w i, ¥',; r\._ ^ -^ ^ ^ ^ __,r^^.^ f' XI-HC-22 311^T^)T ^Jch^n^T Sb^I^^cT ShHT^)<T 3^ r<11<41<n<1, ®Tfl^ll(o,(sldW^i ^^..:?/...S^Sl^^ •fhW^ -—'^'" -'•"*i'"'1^ +11^011 $ib^ich 200 f^^' 3TI^T^«tlW^cT 11.7.2006 Shri Rakesh Pandey, learned| Shri A.S Gaharwar, learned Shri S.K. Beriwal, tearned coi Heard. i|counset for the petitioner. c^unsel for respondent No.1. |insel for respondent no. 4. By this writ petition under A( petitioner has prayed for a directi<)n Electricity Board to consider the appointment. tticle 226/227 of the Constitution of India the to the respondent - Chhattisgarh State case of the petitioner for compassionate 2t The case of the petitioner Rangari died in harness on 17.03.) Rajnandgaon. The death certificat^ compassionate appointment on Annexure-P/5. The case of thel meantime, on account ofthe reorga< wascarved out w.e.f. 01/11^000 Board was also bifurcated w.e.f. Board came into existence on that of the petitioner has been transferretl the petitioner appears in the list as (4) of Section 58 of the Madhya tiabilities and employees of undivicBed cbi^Id^'i ^i^cnT^'te^^^K ^3:rf^R'3TT^T |s that his father namely late Mangtu Ram 1999 while working as Assistant Grade-11 at is Annxture-P/3. The petitioner applied for 2^.07.1999 and the receipt of the same is petitioner was not considered and in the lization of the State, the State of Chhsitti^arh thereafter the Madhya Pradesh Electricity 115/11/2000 and Chhattisgarh State Electricity As per the reply of the MPEB, the case i to the CSEB on 22.11.2002 and the name of I. No.58. As per the provisions of sub-Section Reorganisation Act, 2000 the assets and ic|ed Board were to be distributed among the dnd cfay. Pratdesh (^^fe^) XI-HC-22 3TI^T^T f^ri^3T1^T 3:^'^TCT^F£T,^^^1?, f^dl^y qTHdl $b+iicn 3T^Tq^^> M-P^:^i^^ 200 3n^T?^rreK^T -^- chl^lld^l-l ^l^dTffte^i^^K ^3:rf^T3T^T MPEB and the CSEB. Vide or<tter dated 6th January 2004, the Government of India, Ministr^of Power, issued an order in which it has been mentioned that representatives of both the State^ agreed in a meeting taken by Secretary, Power on 20th March 2003 that the div|sion of employees would be in line with poticy adopted for division of employee^ of Madhya Pradesh Government. In Para 2, it has been mentioned that the matter has been considered and in partiat modification of provisional order|dated 12th April 2001 so far as relating to the division of employees it has employees on the lines followed b1 the State Government of erstwhile &n decided finally to divide the posts and DOPT for atlocation of posts and employees of Madhya Pradesh for making allocation of posts and persons to the successor Etec|tricity Board of MPEB on the principte that posts relatable to temtorial Jurisdiction ofla successor State may be altotted to respective State and similarly emptoyees bet<|>nging to such sub State territorial cadres being allocated to concerned State and c|nly dividing the remaining posts and emptoyees between the two States, the Gov^nment of India has decided to appoint a three members State Advisory Committ^e to be headed by the same person who was the Chairman of SAC appointed by|DOPT for Madhya Pradesh. Therefore, onthis principle the employees of MPE^ who were working in the territory of newly created Chhattisgarh are to be a] Electricity Board on the principle arj tocated to the successor Chhattisgarh State d line fotlowed by DOPT for allocation of posts and emptoyees of the State Goverr|ment of erstwhile State of Madhya Pradesh. It (L(1^^fa^ XI-HC-22 3^ ^ii^icn^, ^Tn<iji?, ^criKiy /ls\ WW'TF^HIch 3liq^i ^sicn ^.wf^:.^.l^1 f^rc^ 200 3TT^T^)T ^ich3TI^T $hHlct> ^l^cl 3TI^T?^<TTW^1?cT - '^ cbj<4ld41^ ^l^dT^fte^^^K ^^ri^T3T1^T fy ^',v is admitted position that the petitio)i was working at Rajnandgaon whi<| petitloner had applied for compassionate appointment dat»d| case ought to have been consider^d the same tine the State of Chh^ dependants of those employees w| compassionate appointment. Ther( of his application under the policy d| ler's father, at the time of death i.e. 17.03.1999 |?h falls in the temtory of CSEB and when the c^mpassionate appointment the policy for 30.01.1997 was in existenee. Therefore, his under that policy by the MPEB/CSEB and on ^ttisgarh has atso taken a decision that the 10 died on or after 01.11.1997 are entitled for afore, the petitioner is entitled for consideration ^ted 30.01.1997. For the foregoing reasons, | CSEB is directed to consider thle appointment in accordance with the| Certified copy as per rules. the petition is altowed and the responcfent - case of the petitioner for compassionate poticydated 30/01/1997. Sd/- L.C. Bhadoo Judge (^^r)