LAWS(KER)-2019-7-94

SABAREESH P.S. Vs. PULLELA NAGESWARA RAO

Decided On July 23, 2019
Sabareesh P.S. Appellant
V/S
Pullela Nageswara Rao Respondents

JUDGEMENT

(1.) Heard Sri.C.S.Gopalakrishnan Nair, the learned counsel appearing for the petitioners. Also heard Sri.P.Vijayakumar, the learned Assistant Solicitor General of India appearing for the respondents.

(2.) These Contempt cases arise out of the common judgment of the Division Bench dated 13.8.2018 in the O.P.(CAT).Nos.107, 124 and 125/2018. By the said judgment, the Division Bench, which considered the case of the petitioners for compassionate appointment as Tax Assistants/Havildars in the Central Excise Department, referred to the submissions of the learned Additional Solicitor General of India, that the petitioners in question could be considered for appointment on compassionate ground against the future vacancies without subjecting them to any further tests as they had already been screened and shortlisted, and issued directions to consider their claim for appointment in the light of the said submissions of the learned Additional Solicitor General. It is the case of the petitioners herein that, notwithstanding the specific directions issued from this Court, the respondents have proceeded to include other persons in the shortlist and denied the petitioners the benefit of the compassionate appointment.

(3.) Following orders passed by this Court, an affidavit dated 24.1.2019 was initially filed by respondents Nos.1 and 2, where, they had averred that 99 applicants (including 30 fresh cases) in the compassionate category, were considered against the 7 available vacancies of Tax Assistants/Havildars. The comparative assessment of the applicants were made on the basis of allocation of points on the following criteria: