BHUPINDER BATRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The present writ petition is directed against the order dated 13.10.2010 passed by the Central Administrative Tribunal (for short 'CAT') Chandigarh Bench, Chandigarh in OA No. 762/HR/2009 as also the order dated 08.09.2008 passed by respondent No. 1 whereby the claim of the petitioner for appointment on compassionate ground has been rejected.

(2.) Father of the petitioner was working on the post of T.S.O. on permanent basis with Bharat Sanchar Nigam Limited (for short 'BSNL'). He died on 31.07.2002. It has been averred that upon the death of his father and as there was no source of income and livelihood, the petitioner submitted his claim for compassionate appointment on 13.06.2003. The case of the petitioner for compassionate appointment was considered by the Circle High Power Committee of Haryana Circle BSNL Ambala in its meeting held on 11.12.2007 and 12.12.2007 and his claim was rejected vide order dated 08.09.2008. A perusal of the rejection order would reveal that the claim of the petitioner has been considered under the provisions of a scheme dated 09.10.1998 as also in accordance with BSNL Head Quarter letter dated 27.06.2007.

(3.) Vide office memo dated 09.10.1998, the Government of India Ministry of Personnel Public Grievances and Pensions formulated a scheme for compassionate appointment. Clause 12 of the scheme deals with the procedure for ascertaining the necessary information and processing the cases of compassionate appointment. Clause 16 (c) clearly lays down that an application for compassionate appointment is not to be rejected merely on the ground that the family of the government servant has received the benefits under the various welfare schemes. Clause 12 of 1998 scheme as also Clause 16(c) are extracted hereunder: