VIRENDRA SINGH Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) IN the instant writ petition, the petitioner has prayed for quashing the order dt. 06.06.2012 (Annex. 3) and further prayed that the respondent department may be directed to provide appointment to the petitioner on compassionate ground forthwith. The petitioner's father viz.; Bhanwar Singh was working as Telecom Mechanic in the respondent department at Jaisalmer and after serving for about 18 years, during the course of service he died while in service in the year 2007. The petitioner being son of late Bhanwar Singh filed an application to provide appointment on compassionate ground on 12.05.2008. In the application, it was specifically mentioned that late Bhanwar Singh left behind three children and wife and there is no other earning member in the family, therefore, appointment may be given on compassionate ground. The case of the petitioner was rejected by Recommendatory Committee and Communicated to the petitioner vide letter dt. 06.06.2012 on the ground that the family of the deceased employee is getting Rs. 3250/ - as against family pension and also retiral benefits to the tune of Rs. 2,46,979/ - have already been paid to the family, therefore, it is not a fit case in which appointment on compassionate ground can be given as per the policy of the State Government.

(2.) LEARNED counsel for the petitioner submits that the reasons for denial of appointment are totally contrary to law because whatever payment is made, is in lieu of services rendered by late Bhanwar Singh and the deductions made from his salary, therefore, the reasons incorporated in the order of rejection of application for appointment on compassionate ground are totally unfounded. Learned counsel for the petitioner further argued that as per the policy, the petitioner is entitled for appointment on compassionate ground because there is no earning member in the family and as per the policy, the appointment can be given to the family even in cases where earning member is there. While inviting attention towards the fact that late Bhanwar Singh left behind three children, out of whom, one is daughter and two, including the petitioner, are pursuing their studies and their mother Sajjan Kanwar is house wife and, therefore, it is not possible for the family to survive without any earning member, therefore, the respondent department is under obligation to consider all aspects of the matter objectively but while observing certain benefits, which are given to the family of the deceased employee, the claim of the petitioner for providing appointment on compassionate ground has been rejected, which is totally unconstitutional action of the respondents.

(3.) PER contra, learned counsel for the respondents submits that the case of the petitioner was considered strictly in accordance with the policy by the Circle High Power Committee of the respondent BSNL Office but in those cases in which as per the check list for the weightage point system, an applicant gets 55 net points, has been treated eligible for appointment by the Corporate Office High Power Committee for appointment on compassionate ground. But in case of petitioner, the matter was examined by the High Power Committee but it did not agree to offer appointment on compassionate ground, therefore, it is a case in which the petitioner does not fall within the category of providing appointment on compassionate ground as per the policy, therefore, the writ petitioner may be dismissed.