JUDGMENT :

Sangeeta Chandra, J.

1. Heard Sri Udayan Nandan, learned counsel for the petitioner and Sri Anubhav Singh, appearing for the respondent nos. 3 to 5 and Sri Krishna Agarawal, appearing for the U.P. Power Corporation Limited.

2. This petition has been filed by the petitioner challenging the order dated 6.9.2021 passed by the Managing Director, Kanpur Electricity Supply Company, Kanpur Nagar and also praying for a mandamus to be issued to the respondents not to interfere in the working of the petitioner as a Karyakari Sahayak (Executive Assistant) in KESCO, Kanpur Nagar pursuant to the impugned order.

3. It is the case of the petitioner that her mother was initially appointed in 1986 in U.P. State Electricity Board. Her services were transferred to KESCO on permanent basis by a government order 11.12.2008. She worked in KESCO for almost 10 years. She was later sent on deputation to U.P. Power Transmission Corporation Limited in 2019 and was working as Senior Officer Assistant in the Accounts Department. She died in harness on 18.05.2021. After the death of her mother, the petitioner applied for compassionate appointment as per provision of U.P. State Electricity Board Dying in Harness Rules, 1975. At the time of her application, she also submitted an affidavit on 14.6.2021. The application and the affidavit have been filed as Annexure-3 and 4 to the writ petition. After completion formalities, the petitioner was informed by a letter dated 15.6.2021 that a decision had been taken to offer appointment to the petitioner as Executive Assistant in the pay scale of Rs. 27,200-86,100/-. The petitioner was issued an appointment letter on 24.6.2021 subject to the condition that she obtained CCC qualification within one year from the date of appointment.

4. The petitioner joined and was working as Executive Assistant. She was asked to fill up verification form also on her appointment. The petitioner in her verification form clearly stated that her father was working in the U.P. Police Department with an annual income of Rs. 12,20,200/-. After the verification form was submitted by the petitioner on 6.7.2021, she received a communication on 22.7.2021 that as per the amended provision of the U.P. State Electricity Board Dying in Harness Rules, 1975, a person is entitled for appointment on compassionate ground only if no other family member of the deceased employee is working in Central or State Government Department or any of the undertaking of the Government. The petitioner was directed to show cause and to file an affidavit within a period of three days. The father of the petitioner submitted an affidavit along with application dated 28.7.2021 that the petitioner was appointed after verification of her documents and that he is working as an Inspector (Accounts) in the Commissionerate of Police at Lucknow. However, the petitioner was asked to submit her own reply which she submitted thereafter on 12.8.2021 along with affidavit.

5. A show cause notice was issued to her on 17.8.2021 stating that as per the amendment carried out in Rule-5 of the U.P. State Electricity Board Dying in Harness Rules, 1975, in 2015 a person cannot be appointed on compassionate grounds, in case any of his family member is in service under the Central or State Government Department or any of its undertakings. Therefore, no appointment could have been offered to the petitioner. The petitioner asked for relevant documents and thereafter sent a letter to the Chief Engineer, KESCO asking for further time to submit her reply to the show cause notice. She was not supplied any documents. She filed a First Appeal also under the RTI Act. However, no time was granted by the Managing Director, KESCO and the impugned order has been passed on 6.9.2021 terminating the services of the petitioner on the ground that her appointment was made in violation of U.P. State Electricity Board Dying in Harness Rules, 1975 as amended by notification vide notification dated 25.06.2015.

6.