MADAN B.LOKUR, CJ. - (1.) THE petitioner is aggrieved by an order dated 13.5.2010 passed by the Central Administrative Tribunal, Gauhati Bench at Guwahati in O.A. No. 283/2009.
(2.) THE petitioner's father was working as a permanent employee (Lineman) in Bharat Sanchar Nigam Limited (for short hereinafter referred to as "BSNL"). He joined the service of BSNL on or about 23.12.1974. Much later, due to his illness, the petitioner's father applied for voluntary retirement on medical grounds on 10th June, 2002. It appears that he was given voluntary retirement because he was apparently incapacitated. After prolonged treatment he died on 3.11.2002 leaving behind his widow, two sons including the applicant and one married daughter. On 4th August, 2003, the petitioner made an application to the General Manager, BSNL for appointment on compassionate grounds as the son of a deceased employee. It was mentioned in the application that due to the prolonged treatment of his father, the petitioner has to spend a huge amount of money, which could not be reimbursed. It was further stated that the petitioner had to borrow money from various quarters for the treatment of his father and under these circumstances, the petitioner being the eldest son of the deceased employee had applied for appointment on compassionate grounds. Along with the application the petitioner submitted a No Objection Certificate from his mother, the widow of the deceased employee, as well as other family members. According to the mother of the petitioner, i.e. the widow of the deceased employee, she is illiterate and over aged and due to ill health she cannot do any work and as such she is not desirous of getting employment on compassionate grounds and instead she desires that her eldest son should get employment so that he can look after the entire family.
(3.) THE application of the petitioner was considered by the High Power Committee of BSNL in its meeting held on 6.5.2009 and the application was rejected with the following observations:- "THE ex-official expired on 03.11.2002 at the age of 50 years survived by his wife (age 46 years at present), two sons (age 25 and 20 years at present) and a daughter (age 16 years at present). THE family pension is Rs. 2731/- + IDA and other terminal benefits were Rs. 1,72,784/-. THE family is living in its own house. THE elder son is the applicant. THE Committee was of the view that the applicant can self-sustain in view of his age and education. THErefore the request of the applicant is recommended that the widow, if so desire, may apply afresh for her own compassionate appointment as only the widow can look after the whole family in a better way and she is also the first preference w.r.t. provisions of the scheme for the purpose (in accordance with instructions of Department of Personnel and Training laid down in O.M. No. 14014/6/94 - Estt. (D) dated 9.10.98.)" Feeling aggrieved by the rejection of his application, although he was eligible for appointment in view of the total assessment points fixed by the High Power Committee of BSNL, the petitioner approached the Central Administrative Tribunal by way of O.A. No. 283/2009 to set aside the decision of the BSNL.;