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PETITIONER: HARYANA STATE ELECTRICITY BOARD& ANR.

       Vs.

RESPONDENT: MAHA SINGH & ANR.

DATE OF JUDGMENT:       21/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      This appeal  by special  leave arises from the judgment of the  Division Bench  of High  Court of  Punjab & Haryana, made on January 17,  1987 in CWP No . 1813/96 .      The admitted  position is  that as  per the  policy  of acquisition, the  appellants  are  required  to  provide  an employment to one of the members of the family whose land is acquired. The cut-off date prescribed was December 13, 1991. One Shamsher Singh, brother of the respondent and son of the owner had  applied for appointment.  Since  he was not being considered,  he filed a writ petition before the High Court. The High  court  directed  the  Board-appellant  to  appoint Shamsher Singh.   However,   before  appointment could to be made,   he died.   Consequently,  his wife  Smt. Suresh Bala applied for and was appointed. Subsequently,  the respondent appointment but  he was not given appointment as appointment had already  been given  to the  widow  of  Shamsher  Singh. Consequently, he  filed writ  petition.   The same stand has been taken  in the  High Court;  the Division Bench has held that in  view of the Policy that employment will be provided to  one   of  the  members  of  the  family  of  the  owner, appointment to  the first  respondent us required to be made and appointment  of suresh  Bala is illegal.  Thus appeal by special leave.      Shri  Goodwill  Indeevar,    learned  counsel  for  the respondents, contends  that the  land belonged to the mother of the  respondent and  she gave  consent for appointment of Shamsher Singh.   After  his demise, she gave consent to the employment of respondent, her second son. The very object is to provide  assistance to  the displaced  persons due to the acquisition.  As   Shamsher  Singh   died,   the   necessary appointment should  be given  to one  of the  members of the family of  the family  of the owner. Therefore, it is argued that her appointment is illegal in law.      However, she being widow had applied for appointment in place of  her husband, Shamsher Singh; admittedly,  sanction was given for giving appointment to her husband, of Shamsher singh. The  appellants have  acceded to her request and gave appointment to Suresh Bala. She having been appointed, there

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cannot be a direction for appointment of another member from the same  family.   Therefore, the  High is was not right in giving direction to appoint the respondent.      The appeal  is according  allowed.  the  writ  petition stands dismissed. No costs.