( By Hon’ble Dr. Sanjiv Kumar, Member(Administrative)

This Original Application is filed under section 19 of the Central

Administrative Tribunal Act, 1985 seeking relief to quash the impugned

order dated 31.01.2012 which was passed rejecting the claim of the

applicant for compassionate appointment under dying in harness rules

and to give compassionate appointment to the applicant and also give

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direction to the respondents to reconsider the case of the applicant for

compassionate appointment. Prayer has also been made to issue a

direction which this Tribunal may deem fit and proper and also award

costs.

2.

The facts of the case of the applicant is that the father of the

applicant Shri Santosh Kumar who was working as mechanic in the

respondents’ department and died in harness on 21.05.2009 after

rendering 29 years of service and the applicant being a major and adult

son of Shri Santosh Kumar made an application for compassionate

appointment as his family was in distress and economical hardship after

the death of his father. His father died leaving behind his widow, one

son and one daughter. The application was filed on 17.08.2009 for

compassionate appointment and the applicant also gave necessary

documents. The applicant’s date of birth is 01.07.1987 and he has

qualified up to graduate. But suddenly, vide order dated 31.01.2012, the

calim of the applicant for compassionate appointment has been rejected

by the respondents authorities on the ground that the applicant’s late

father has been given terminal benefits of Rs. 6,34,805/- and widow is

getting family pension of Rs. 5355/-+1 D.A. and family is living in own

house and that the official expired at the age of 56 years, and is survived

by only wife and one son of age 22 years. Hence, the rejection of the

claim of the applicant only on the ground of terminal benefits and

pension is improper, illegal and not as per norms set by the rules and

various rulings of the High Courts. The impugned order is not speaking

order. The applicant made various representations against the said order

on 20.11.2012, 08.07.2013 and after waiting for six months, have come

before this court and he claims that he has justified cause and his O.A.

should be allowed.

3.

The respondents have filed their counter affidavit wherein they

claimed that the present Original Application is barred by limitation and

therefore liable to be dismissed and contents of para 4.7 of the OA is

stated as misstatement of the facts and it is a fact that the request of

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applicant has not been rejected on mere grounds of terminal benefits and

family pension received by family but is dealt in accordance with

Bharat Sanchar Nigam Limited letter no. 273-18/2005-Pers. IV

dated 27.06.2007 which is an extension of provisions laid in

Department of Personnel & Training OM No. 14014/6/94-Estt(D)

dated 09.10.1998. According to the said Bharat Sanchar Nigam Limited

letter dated 27.06.2007 the cases with net point 55 or more, are

recommended for the indigent condition of the family by Circle HPC for

consideration and decision by Corporate Office. In the case with net

point below 55 (i.e. 54 or less), the family is treated as living not in

indigent condition and such compassionate ground appointment will be

rejected at the level of respective circle. The request of applicant in

scheduled proforma along with required documents for appointment on

compassionate ground reached this office through letter of AGM

(Admn.) the office of GMTD Allahabad signed on 05.03.2011, which

was received in this office on 30.03.2011. The case of the applicant for

appointment on compassionate ground was immediately put up before

Circle High Power Committee on its very next meeting held on

19.12.2011. The proposal of CGA was considered strictly in accordance

with the provisions laid in Department of Personnel & Training OM No.

14014/94-Estt. (D) dated 09.10.1998 and Bharat Sanchar Nigam Limited

letter No. 273-18/2005-Pers IV dated 27.06.2