- (1.) These cases have been referred for consideration by a Full Bench, by a Division Bench as per order dated 17.2.2012. In the various original petitions the orders passed by the Central Administrative Tribunal, Ernakulam Bench in favour of the respective applicants (respondents therein) are under challenge. O.P.(CAT) No. 2486/2012 is filed by an applicant whose O.A. No. 546/2010 was dismissed by the Tribunal.
(2.) The petitioners, except in O.P.(CAT) No. 2486/2012 are respectively the Bharat Sanchar Nigam Limited (for short "BSNL") and its officers. The main legal issue raised is as to the true effect of the communication of the BSNL dated 27.6.2007 providing a weightage point system for assessment of indigent condition of the applicants for compassionate appointment. The scheme for appointment on compassionate basis is the one framed in the year 1998 and the Central Administrative Tribunal took the view that the applications in these cases having been filed before 27.6.2007, the original scheme of 1998 has to be applied, i.e. as on the date of death of the employee, without reference to the communication issued by the BSNL on 27.6.2007.
(3.) We reproduce hereinbelow the order of reference made by the Division Bench consisting of Thottathil B. Radhakrishnan and C.T. Ravikumar, JJ. "Order of reference Thottathil B. Radha-krishnan, J. 1. This bunch of Original Petitions filed against different decisions of the Central Administrative Tribunal (Ernakulam Bench) raises a common issue of law. Therefore, they are dealt with and heard jointly. 2. Respondents in these matters, who were among the applicants before the Tribunal, had applied to Bharat Sanchar Nigam Limited, for short, "BSNL", before 27.06.2007 for compassionate appointment. 3. The short issue that arises for consideration is as to the legal effect of the communication issued by BSNL to all the Heads of Telecom Circles on 27.06.2007 qua the official memorandum issued in 1998 by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances & Pensions, which provides for the scheme for compassionate appointment.;