1. The husband of the petitioner while working as a Lineman Grade-I in the Kerala State Electricity Board ['the KSEB' for short] suffered serious injuries I n a motor accident on 21.1.2007. The victim sustained Fracture of Left Frontal Bone and Temporal Bone with Multiple Contusions Brain with Fracture Left Zygomatic Arch and Tracheotomy was done on 25.1.2007. The permanent disability of the husband of the petitioner had been assessed at 100% by the K.G. Hospital, Coimbatore wherein he was treated as an inpatient. The treatment continued for long as an outpatient and the husband of the petitioner was initially granted leave without allowance on medical grounds. The husband of the petitioner is permanently incapacitated for further service of any kind in the KSEB as per the medical certificate issued by the Standing Medical Board. The KSEB finally allowed the husband of the petitioner to retire from service on medically invalid grounds with effect from 17.6.2009 as per the Kerala Service Rules. The monthly income of the family depleted and the necessity to look after her ailing husband involving expenditure prompted the petitioner to apply for compassionate employment in the KSEB.

2. The Kerala State Electricity Board (Appointment of dependents of Board employees who die- in-harness or are permanently disabled and are retiring on invalid pension) Regulations, 1985 govern the issue. The Regulations have been framed by the KSEB in exercise of the powers conferred under Section 79 read with Section 15 of the Electricity (Supply) Act, 1948 in supercession of all the earlier orders. Regulation 7 of the Regulations (as amended by the KSEB) as regards eligibility for appointment of dependents of employees who retire on invalid pension is as follows:-

"The dependent of a Board employee who retires on the ground of mental infirmity or who retires on being permanently incapacitated to work, such permanent incapacitation to work being certified by an approved medical board duly constituted by Government, shall also be eligible for appointment under these Regulations, provided the period from the date of such retirement to the normal date of retirement of such Board employees on superannuation is one year or more."

The petitioner was aged only 31 years and her husband 36 years at the time the accident took place and the victim had about 19 years left in service before superannuation in normal circumstances.

3. The claim for compassionate employment put in by the petitioner was however turned down by the KSEB on the one and only ground that the accident did not occur during the course of employment. Ext.P5 order of the third respondent Chief Engineer of the KSEB informing the petitioner of the rejection of her claim is impugned in this writ petition. The KSEB attempted to justify its stand relying on two clauses of the Long Term Settlement dated 19.3.2007 entered by it with few registered Trade Unions. Clauses 5 and 6 of the Long Term Settlement relied on are extracted hereunder:-

Clause 5 "Appointment under compassionate employment scheme (CES) would be granted only in cases of dependent of employees who avail invalid pension due to accidents occurred during the course and out of employment, provided the employee is incapacitated to perform his/her duties and is absent from duty consequent to the accident."

Clause 6 "The special privilege of compassionate employment scheme (CES) applicable to employees incapacitated due to accident during the course and out of employment will not normally be extended to employees with chronic illness."

The plea in essence of the KSEB is that they were obliged to give compassionate employment to the petitioner only if her husband had availed invalid pension due to an accident in the course of employment.

4. I heard Mr. u. Balagangadaran, Advocate on behalf of the petitioner and Mr. K.S. Anil, Standing Counsel on behalf of the KSEB.

5. The Regulations as regards appointment of dependents of employees of