JUDGMENT 1. 1. The petitioner, Vinod Kumar Sharma, has filed this Writ Petition with a prayer that the Respondents be directed to give him appointment by extending him the benefit of the circulars dated 27.10.80 and 28.2.84 issued by the Rajasthan Stale Electricity Board (hereafter referred to as 'the Respondent Board') regarding employment of dependents of the deceased employee of the Respondent Board. 2. The case of the petitioner is that his father Shri Bhura Lal Sharma was posted as Sub-station Grid Incharge at Bijai Nagar (Ajmer). While he was working on an electric pole, he fell down and sustained serious head injuries. He was then hospitalised and ultimately he died on 22.11.68. At the time of death of his father, the petitioner was of the age of three years. After the petitioner attained majority, his mother moved an application on 29.1.86 to the Superintendent Engineer, Rajasthan State Electricity Board, Ajmer for giving employment to her son. She repeated her request by making an application to the Executive Engineer* also. The petitioner, on his part also made applications in the year 1989 for being appointed as a dependent of the deceased employee of the Respondent Board. In his application, the petitioner had made reference to his previous applications given in the years 1986, 1988 and 1989. 3. The Respondent Board took a policy decision in its 295th meeting held on 3.10.80 to extend the benefit of employment on preferential basis to the dependent member of the Board's employee in case of death/permanent disablement. Employment was however restricted upto the post of U.D.C. or its equivalent. An order in this regard was issued by the Board on 27.10.80 Subsequently another order was issued on 28.2.84 on the subject of employment on preferential basis to the dependent member of the Board's employee in case of death/permanent disablement. Petitioner did not get any reply. He made a representation to the Chief Engineer, R.S.E.B. Old Power House Jaipur and Secretary to the Board on 22.7.89, but even this application remained unanswered. The petitioner has made a prayer that in accordance of the policy decision of the Board, he should be given employment on the basis of his qualifications. 4. No reply to the writ petition has been filed and, therefore, the facts stated in the petition will have to be treated as correct. The petitioner has made a prayer that in accordance of the policy decision of the Board, he should be given employment on the basis of his qualifications. 4. No reply to the writ petition has been filed and, therefore, the facts stated in the petition will have to be treated as correct. The R.S.E.B. has been created under the Electricity (Supply) Act, 1948 under Section 79 of the Act. The Board has been empowered to frame regulations for recruitment and for laying down conditions of service of its employees. In its 295th meeting held on 3.10.80, Rajasthan Electricity Board took a decision to give benefit of employment on preferential basis to the dependents of those Board employees who die or become permanently disabled while in service. Subsequently this circular was superseded by another circular dated 28.2.84. This Circular reads as under : "In supersession to all the previous orders issued on the above subject, it has now been decided that the members of the deceased or who become permanently disabled while in service shall be issued by Recruitment section ,of the Board Secretariat in future. While considering such cases, preference will be given to those who are willing for posting, in sub-divisions where there is deficiency of man-power. All applications will now be forwarded to the Deputy Secretary (Recruitment), R.S.E.Board, Vidyut Bhawan, Vidyut Marg, Jaipur 302005 in the enclosed form by the respective Head of Office for further action." 5. A perusal of the circular dated 28.2.84 clearly show that preferential consideration for employment has to be given to the dependants of the Board's employees who die or become permanently disabled. This benefit was to be given upto the post of U-D.Cs. The very object of the scheme is to give benefit to one dependent member of the family of a deceased employee of the Board or who become permanently disabled. A similar question was considered by me in Civil Writ Petition No. 4252/80. In that case, an objection had been raised on behalf of the Respondent Board that the benefit of the decision of the Board cannot be extended to the dependents of those employees of the Board who had died on or before the date of issue of the circular. In that case, an objection had been raised on behalf of the Respondent Board that the benefit of the decision of the Board cannot be extended to the dependents of those employees of the Board who had died on or before the date of issue of the circular. After making reference to the decision of Division Bench of this Court in Shashikant v. State of Rajasthan 1989(1) RLR 586 and S.B. Civil Writ Petition No. 1890/90 Madhusudan Sharma v. State of Rajasthan and others decided on 6.12.89 as also to the decision dated 17.1.91 in S.B. Civil Writ Petition No. 31/90 Ismail Mohd. v. Rajasthan State Electricity Board it was held that the benefit of the employment on compassionate ground cannot be denied to the dependents of those employees who had died before the issuance of the circular. 6. The petitioner was minor at the time of the death of his father. He could not have been given employment at that time when he was only of three years of age. He attained majority sometimes in the year 1983-84 and this application was moved on his behalf for grant of employment. Then he continued to press for his prayer for employment on compassionate ground. The Board authorities did not respond to his applications or even the applications moved by his mother. Employment on compassionate ground, in my opinion could not have been denied to the petitioner mere by because he was minor at the time of death of his father and was not eligible to be considered for employment in the service of the Board at that time. The petitioner became entitled for such consideration after attaining the age of majority and the applicability of the circulars of the Board dated 27.10,80 and 28.2.84 cannot be restricted to the cases of the dependents of the Board employees who had died or became permanently disabled after that date. If the circular of the Board is read as restricting the applicability to those who died on or after 28.2.84, it is liable to he declared as arbitrary and unconstitutional. If the circular of the Board is read as restricting the applicability to those who died on or after 28.2.84, it is liable to he declared as arbitrary and unconstitutional. However, I am neither called upon to decide the constitutional validity of the circular nor is this necessary because on a proper interpretation of the circular, which has to be in confirmity with the provisions of the Constitution, it must be held that the provisions of the circulars issued by the Board are applicable to the cases of dependents of those employees of the Board who died before 27.10.80 or 28.2.84. 7. Consequently, the Writ Petition is allowed. The Respondent Board is directed to consider the case of the petitioner for grant of employment on a suitable post in accordance with his qualifications. The Board is directed to issue appropriate order for appointment of the petitioner within a period of two months from the date of presentation of copy of this order. Parties are left to bear their own costs.Writ petition allowed. *******