Dhananjay Kumar Singh Vs. Jharkhand State Electricity Board and ors. - Court Judgment

Excerpt:

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....that there is nothing on the record to suggest that the petitioner or his mother applied for compassionate appointment of the petitioner.4. in the facts and circumstances, the petitioner is given liberty to approach- the general manager-cum-chief engineer, dumka area, jharkhand slate electricity board, dumka. he may bring to his notice that his mother or he had applied for compassionate appointment in time enclosing the copy of relevant evidence in support of his claim. the general manager-eum-chief engineer, dumka area, jharkhand state electricity board, dumka, in his turn, will enquire into the matter and if it is found that any application was filed by the petitioner or his mother in time and the petitioner is eligible for appointment against any class iv/ class 111 post then the authority concerned will consider the case of the petitioner for appointment.5. if any application is pending with the then general manager- cum chief engineer, bhagalpur area, b.s.e.b., bhagalpur, the petitioner may bring it to the notice of the authority. in such case, the general manager-cum-chief engineer, dumka area, dumka will enquire from the office of the general manager-cum-chief engineer......

Judgment:

ORDER

S.J. Mukhopadhaya, A.C.J.

1. This writ petition has been preferred by the petitioner for direction on the respondents to consider his case for appointment on compassionate ground.

2. According to petitioner, his father, late Suresh Singh, was in the services of State Electricity Board. While he was posted as Head Assistant in Electric Supply Sub-Division, Pakur died in-harness on 29.12.1999. His mother applied for appointment on compassionate ground but no action has been taken by the respondents.

3. Counsel appearing on behalf of Jharkhand State Electricity Board submitted that there is nothing on the record to suggest that the petitioner or his mother applied for compassionate appointment of the petitioner.

4. In the facts and circumstances, the petitioner is given liberty to approach- the General Manager-cum-Chief Engineer, Dumka Area, Jharkhand Slate Electricity Board, Dumka. He may bring to his notice that his mother or he had applied for compassionate appointment in time enclosing the copy of relevant evidence in support of his claim. The General Manager-eum-Chief Engineer, Dumka Area, Jharkhand State Electricity Board, Dumka, in his turn, will enquire into the matter and if it is found that any application was filed by the petitioner or his mother in time and the petitioner is eligible for appointment against any Class IV/ Class 111 post then the authority concerned will consider the case of the petitioner for appointment.

5. If any application is pending with the then General Manager- cum Chief Engineer, Bhagalpur Area, B.S.E.B., Bhagalpur, the petitioner may bring it to the notice of the authority. In such case, the General Manager-cum-Chief Engineer, Dumka Area, Dumka will enquire from the office of the General Manager-cum-Chief Engineer. Bhagalpur Area. Bhagalpur. The decision in one or other be taken and communicated to the petitioner within a period of three months from the dale of receipt/production of representation, as may be preferred by the petitioner.

6. The writ petition stands disposed of with the aforesaid observations/directions.