NEELKANTH B. DESAI Vs. GENERAL MANAGER TELECOM, BSNL

JUDGEMENT

(1.) THE applicant, being the son of the deceased employee of Bharat Sanchar Nigam Limited (hereinafter referred to as 'BSNL' filed this Original Application challenging the communication dated 22.6.2010 issued on behalf of the General Manager, Office of the General Manager (Telecom), rejecting the request of the applicant for compassionate appointment. In the impugned communication it is mentioned that the request of the applicant was considered with reference to weightage point system introduced vide BSNL Co. letter dated 27.6.2007, by the High Power Committee of Maharashtra Telecom Circle during its meeting dated 16.2.2010. The Committee observed that the weightage points in the case of the applicant were less than 55. The amount of monthly family pension and terminal benefits received by the family were quite sufficient to make both ends meet. As such, the family was not found to be living in indigent condition and the Committee, therefore, decided to reject the request of the applicant. The applicant filed an application for amendment before this Tribunal which was allowed and necessary amendments were carried out. In the said amendment the applicant sought to challenge the BSNL Policy guidelines for compassionate appointment dated 27.6.2007 providing weightage point system for assessment of indigent condition. According to the applicant, such weightage point system is arbitrary and contrary to law on compassionate appointment declared by Courts/Tribunals.

(2.) THE applicant is the son of the deceased employee, who after serving for 26 1/2years, expired on 8.8.2006, leaving behind his widow, two married daughters and the applicant. The applicant's' wife started receiving family pension of Rs. 3.410/ - per month. She was also paid a net amount of Rs. 80,596/ - as other retiral benefits after deducting House Building Advance amount. The applicant submitted his application dated 27.06.2007 for grant of appointment on compassionate ground.

(3.) WE have heard Mr. S.P. Saxena, learned Counsel for applicant and Mr. V.S. Masurkar, learned Counsel for respondents. The pleadings along with the documents annexed have also been perused.