- (1.) HEARD learned counsel for the petitioner and Sri S.K. Mishra, learned counsel for the respondent -Corporation.
(2.) PETITIONER , before this Court, seeks quashing of the order of the Central Administrative Tribunal dated 20th November, 2013 passed in Original Application No. 1256 of 2012.
(3.) THE Tribunal under the order impugned has recorded that the father of the petitioner, who was working as telephone mechanic in Bharat Sanchar Nigam Ltd. (hereinafter referred to as the "BSNL"), expired on 6th July, 2004 while in service. Mother of the applicant made an application on 17th September, 2004 requesting for compassionate appointment of her son, namely, applicant Ram Babu Maurya on compassionate ground. The High Power Committee of the employer BSNL considered the request of the mother of the applicant and vide order dated 5th June, 2009 rejected the same. Petitioner filed original application no. 495 of 2010 challenging the decision dated 5th June, 2009. Original application was decided by the Tribunal vide order dated 13th January, 2011, BSNL was directed to reconsider the request of the petitioner. The matter was reexamined and the High Power Committee vide order dated 12th July, 2011 again rejected the request of the petitioner. Petitioner filed original application no. 1059 of 2011, which was disposed of vide order dated 23rd September, 2011 requiring the BSNL to once again consider the claim of the petitioner in light of the observations made in the order. The respondent -BSNL passed a fresh order on 30th August, 2012, which was subjected to challenge by means of the original application 1256 of 2012. The original application has been dismissed under the order impugned dated 20th November, 2013. After referring to the judgments of the Apex Court in the case of LIC Vs. Mrs. Asha Ram Chandra Ambedkar and Ors, 1994 2 JT 183, Umesh Kumar Nagpal vs. State of Haryana and Ors, 1994 3 JT 525 and Sushma Gosain and others v. Union of India and others, 1989 AIR(SC) 1976, it has been recorded that more than 9 years have elapsed from the date of death of the father of the petitioner. From the material on record, the family has been able to sustain itself for all this period and therefore, the claim for compassionate appointment gets diluted.;