RADHE RAMAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, Learned Counsel for the Petitioner and Mr. Dharmeshwar Mishra, Learned Counsel for the Respondents. The prayer of the Petitioner in this writ application reads as follows:-

(2.) In support of the aforementioned prayer Learned Counsel for the Petitioner would submit that the policy adopted by Bharat Sanchar Nigam Limited (hereinafter referred to as 'B.S.N.L') as with regard to compassionate appointment being wholly inpragmatic and unrealistic in fact has led to arbitrary rejection of the case of the Petitioner. In this context he has contended that the policy as contained in the circular of the B.S.N.L. dated 27.6.2007 laying down a specified criteria of allocation of points on certain self-evolved parameters with the requirement of minimum of 55 points for a dependent to become eligible for consideration is wholly irrational and arbitrary inasmuch as such parameters have been heavily loaded against a claimant dependent of the deceased employee only with a view to deny appointment on compassionate ground in B.S.N.L. He has accordingly proceeded to assail the rejection of the case of the Petitioner for his appointment on compassionate ground in the impugned order on such parameters of the aforesaid policy by describing it to be bad both on fact and in law.

(3.) In this case a counter affidavit has been filed on behalf of the Respondent B.S.N.L. wherein apart from justifying rejection of the case of the Petitioner for appointment on compassionate ground, it has also been urged that this writ application in the first instance is not maintainable before this Court, inasmuch as the Petitioner has statutory alternative remedy before the Central Administrative Tribunal (CAT.). Reliance in this connection has been placed on a notification of the Govt, of India dated 31st October, 2008, Annexure 'C to the supplementary counter affidavit, wherein the B.S.N.L. has been included in the list of statutory organizations and the societies owned and controlled by the Govt, of India who have been placed under the ambit of Central Administrative Tribunal in exercise of power under Section 14(3) of the Administrative Tribunals Act, 1985.