- (1.) BY way of this writ petition, the petitioner seeks to question the order dated 01.01.2013 whereby, the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') has dismissed the Original Application ('OA') No.255/2011 filed on his grievance against denial of appointment on compassionate grounds.
(2.) THE applicant -petitioner sought appointment on compassionate grounds with the submissions that he was the eldest son of the deceased employee of the respondents, who was holding the post of Telephone Mechanic and died while in service on 06.05.2007. It is borne out from the material placed on record that the petitioner's prayer was considered by the respondents as per their Weightage Point System wherein, an applicant getting 55 or more marks with reference to different parameters is considered eligible for such compassionate appointment. On the provided parameters, positive points are awarded towards number of dependents, family pension, left out service of the deceased employee, terminal benefits and availability of accommodation; whereas negative points are awarded towards monthly income of the family and delay in applying, if any. Though no negative points were awarded to the petitioner but the sum total of the positive points awarded to him came to 51 wherein, no points were awarded towards accommodation after the respondents concluded that the family was living in its own house; 8 points were awarded towards basic family pension, taking it to be Rs.3,368/ - per month; 3 points were awarded towards terminal benefits, taking them to be a sum of Rs.7,33,820/ -; 30 points were awarded towards 6 dependents including 4 minors and 1 unmarried daughter; and 10 points were awarded towards 10 years and 2 months of left out service.
(3.) THE applicant -petitioner filed the OA aforesaid essentially with the submissions that he had wrongly been awarded nil marks towards accommodation while the department proceeded on the assumption that the family had its own house whereas the family was residing in a rented accommodation. It was submitted that upon correct awarding of marks, the petitioner was entitled to be considered for appointment on compassionate grounds.;