LAWS(KAR)-2014-2-231

BHARAT SANCHAR NIGAM LIMITED Vs. CHIEF GENERAL MANAGER

Decided On February 05, 2014
Bharat Sanchar Nigam Limited Represented by its Chairman Cum Managing Director, Appellant
V/S
Sri. A.J. Raju Respondents

JUDGEMENT

(1.) WE have heard the learned counsel for the parties. The respondent herein is the son of late Sri. Jayanna. Jayanna was working as Telecom Mechanic (TM) in Bangalore Telecom District, Bangalore. He expired on 25.10.2005 at the age of 46 years with left out service of about 13 years. The respondent made an application for appointment on compassionate grounds. His application was rejected by the third respondent as per the order at Annexure -A. 7 dated 15.2.2011. He challenged the said order by filing O.A. No. 284/2013 before the Central Administrative Tribunal, Bangalore Bench, Bangalore. The Tribunal by its order at Annexure -C dated 06.09.2013 has allowed the application in the following terms: -

(2.) THE contention of the learned counsel for the petitioners is that the respondent was allotted 53 points while counting the weightage point for the assessment of his indigent condition. The threshold limit for consideration of appointment is 55 points. Therefore, his application was rejected by the third respondent. The Tribunal was not justified in holding that the respondent is entitled for award of 68 weightage points. Alternatively, it is submitted that the respondent is not entitled for three selection opportunities as directed by the Tribunal.

(3.) THE policy guidelines for appointment on compassionate grounds made by the Bharath Sanchar Nigam Limited dated 27.06.2007 is at Annexure -A. 2. As per these guidelines, dependents are entitled for allotment of 5 points each. Similarly, a minor child has to be allotted 5 points. Admittedly, dependents of the deceased are his wife and three children. Two of them were minors. If that is so, they are entitled for 30 points. The third respondent has allotted 25 points under this head.