- (1.) The present writ petition is directed against the order dated 13.10.2010 passed by the Central Administrative Tribunal (for short 'CAT') Chandigarh Bench, Chandigarh in OA No. 762/HR/2009 as also the order dated 08.09.2008 passed by respondent No. 1 whereby the claim of the petitioner for appointment on compassionate ground has been rejected.
(2.) Father of the petitioner was working on the post of T.S.O. on permanent basis with Bharat Sanchar Nigam Limited (for short 'BSNL'). He died on 31.07.2002. It has been averred that upon the death of his father and as there was no source of income and livelihood, the petitioner submitted his claim for compassionate appointment on 13.06.2003. The case of the petitioner for compassionate appointment was considered by the Circle High Power Committee of Haryana Circle BSNL Ambala in its meeting held on 11.12.2007 and 12.12.2007 and his claim was rejected vide order dated 08.09.2008. A perusal of the rejection order would reveal that the claim of the petitioner has been considered under the provisions of a scheme dated 09.10.1998 as also in accordance with BSNL Head Quarter letter dated 27.06.2007.
(3.) Vide office memo dated 09.10.1998, the Government of India Ministry of Personnel Public Grievances and Pensions formulated a scheme for compassionate appointment. Clause 12 of the scheme deals with the procedure for ascertaining the necessary information and processing the cases of compassionate appointment. Clause 16 (c) clearly lays down that an application for compassionate appointment is not to be rejected merely on the ground that the family of the government servant has received the benefits under the various welfare schemes. Clause 12 of 1998 scheme as also Clause 16(c) are extracted hereunder: "12. Procedure (a) The proforma as in Annexure may be used by Ministries/ Departments/Offices for ascertaining necessary information and processing the cases of compassionate appointment. (b) The Welfare Officer in each Ministry/Department/Office should meet the members of the family of the government servant in question immediately after his death to advise and assist them in getting appointment on compassionate grounds. The applicant should be called in person at the very first stage and advised in person about the requirements and formalities to be completed by him. (c) An application for appointment on compassionate grounds should be considered in the light of the instructions issued from time to time by the Department of Personnel and Training (Establishment Division) on the subject by a committee of officers- one Chairman and two members- of the rank of Dy. Secretary/Director in the Ministry/ Department and officers of equivalent rank in the case of attached and subordinate offices. The Welfare officer may also be made one of the members/Chairman of the committee depending upon his rank. The committee may meet during the second week of every month to consider cases received during the previous month. The applicant may also be granted personal hearing by the committee, if necessary, for better appreciation of the facts of the case. (d) Recommendation of the committee should be placed before the competent authority for a decision. If the competent authority disagrees with the committee's recommendation, the case may be referred to the next higher authority for a decision. 16. General (c) The scheme of compassionate appointments was conceived as far back as 1958. Since then a number of welfare measures have been introduced by the government which have made a significant difference in the financial position of the families of the government servants dying in harness/retired on medical grounds. An application for compassionate appointment should, however, not be rejected merely on the ground that the family of the government servant has received the benefits under the various welfare schemes. While considering a request for appointment on compassionate ground a balanced and objective assessment of the financial condition of the family has to be made taking into account its assets and liabilities (including the benefits received under the various welfare schemes mentioned above) and all other relevant factors such as the presence of an earning member, size of the family, ages of the children and the essential needs of the family etc.";