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2021 Supreme(SC) 1004

AJAY RASTOGI, ABHAY S OKA
Chief General Manager, Telecommunication, BSNL – Appellant
Versus
Vidya Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appelant : Mr. R.D.Agrawala, Sr.Adv. Mr. Pavan Kumar, AOR Ms. Neelam, Adv. Mr. Sameer Agarwal, Adv.
For the Respondent: Mr. Shailendra Kumar Mishra, Adv. Mr. Anil K. Chopra, AOR

ORDER :

1. Leave granted.

2. The present appeal is directed against the judgment and order dated 13.12.2017 passed by the High Court of Judicature at Allahabad granting compensation to the respondent of Rs.10 lakhs in lieu of compassionate appointment which was arbitrarily denied to him by the Officers of the appellants.

3. The brief facts of the case relevant for the purpose are that the father of the sole respondent while working as a Telephone Mechanic died while in service on 07.02.2003. The respondent submitted his application seeking compassionate appointment on 15.10.2004 and formalities were completed by him as demanded by the Department on 03.07.2005. The Scheme which was applicable at the time of death of his father and also the date on which he submitted his application for compassionate appointment with all formalities being complied with was of year 1998 in vogue for seeking compassionate appointment.

4. It is not disputed by the appellants that in terms of the Scheme of 1998, the respondent was eligible in seeking compassionate appointment. The new Scheme (weightage point system Scheme) in supersession of the 1998 Scheme was introduced by the appellants on 27.06.2007 and

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