PRAKASH MUNDA Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioner and Mr. Arbind Kumar Jha, learned counsel appearing for the respondents.

(2.) In this writ application the petitioner has prayed for quashing the order dated 15.07.2011 issued under the signature of respondent No. 2, whereby, the claim of the petitioner for his appointment on compassionate ground has been rejected. Petitioner has further prayed for payment of all consequential benefits.

(3.) The factual exposition as has been delineated in the writ petition is that father of the petitioner, late Dhaneshwar Munda, had been appointed under the respondent-Bharat Sanchar Nigam Ltd. ("BSNL" for short) who died in harness on 26.08.2001. After his death, the petitioner made application for his appointment on compassionate ground, which was duly received in the office of the respondents on 26.02.200 As per the circular of the Department of Personnel & Training, Govt. of India, as contained in memo dated 09.10.1998 & 012.1999, the case for appointment on compassionate ground must be considered within a period of one year from the date of such application. It is case of the petitioner that the respondents-authorities kept the matter pending for a long period and after lapse of more than eight years, the same has been rejected on frivolous ground that the net points must be more than 55 in overall assessment, which was on the basis of letter No. 273 dated 27.06.2007, as would be apparent from the order dated 15.07.2011, wherein at column No. (9) the point scored (+ve) has been given, which is Dep. Wtge-25, Pension-2, Left Svce-10, App. Wtge-0, T.B.-5, Accom.-0. Again in column No. (10), the point scored (-ve), which is monthly income-0 and belated request-0 and thereby, net point scored at column Nos. (9) and (10) comes to 42 and as such, the claim has been rejected being less than qualified 55 points. Since claim of the petitioner has been rejected by the respondents-authorities, the instant writ application has been filed by the petitioner.