T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI, P.V.ASHA
Bharat Sanchar Nigam Ltd. – Appellant
Versus
Rajesh – Respondent
The Order of the Court was delivered by T.R. Ramachandran Nair, J.
1. These cases have been referred for consideration by a Full Bench, by a Division Bench as per order dated 17/02/2012. In the various original petitions the orders passed by the Central Administrative Tribunal, Ernakulam Bench in favour of the respective applicants (respondents therein) are under challenge. OP (CAT) No. 2486/2012 is filed by an applicant whose OA No. 546/2010 was dismissed by the Tribunal.
2. The petitioners, except in OP (CAT) No. 2486/2012 are respectively the Bharat Sanchar Nigam Limited (for short "BSNL") and its officers. The main legal issue raised is as to the true effect of the communication of the BSNL dated 27/06/2007 providing a weight age point System for assessment of indigent condition of the applicants for compassionate appointment. The scheme for appointment on compassionate basis is the one framed in the year 1998 and the Central Administrative Tribunal took the view that the applications in these cases having been filed before 27/06/2007, the original scheme of 1998 has to be applied, i.e. as on the date of death of the employee, without reference to the communication issued by
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