RAJILA Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) The applicant before the Central Administrative Tribunal is the petitioner herein. The petitioner approached the Central Administrative Tribunal to reconsider the application of the petitioner for appointment under compassionate ground, taking into consideration the scheme for appointment.

(2.) The facts, in brief, are as follows: Sri.V.K.Premarajan while working as a Senior Telecom Assistant died in harness on 10/1/2011. The family of late Sri.V.K. Premarajan consisted of his mother Smt.Janu T.; two unmarried sisters- Visalu T. and Pushpa T.; three unmarried brothers- Prakasan T., Suresh T. and Rajesh T.; lastly Smt.Rajila, another unmarried sister, the applicant before the Central Administrative Tribunal. Based on the legal heirship certificate and also consent accorded by the other legal heirs, an application for compassionate appointment was preferred. The claim was however rejected by Annexure-A2 finding that the comparative merit of the applicant based on the point system formulated by the BSNL, the application cannot be considered. The grievance of the applicant, as could be seen from paragraph No.13 of the Original Application, is that there is considerable error in granting marks to the applicant while considering the application. Challenging rejection of her claim, the applicant approached the Central Administrative Tribunal.

(3.) The respondents appeared and contested the claim stating that the grading granted to the petitioner/applicant was perfectly justified. It was further pointed out that the said Scheme for compassionate appointment was promulgated pursuant to the directions issued by the Hon'ble Supreme Court of India and therefore, there is no discretion on the part of the employer to deviate from the Scheme. On consideration of the materials and pleadings on record, the Central Administrative Tribunal by the order impugned dismissed the Original Application finding that the decision has been taken by the BSNL in a transparent manner.