Jharkhand High Court
Santosh Kumar Besra @ Santosh Ku Besra vs Union Of India Through Secretary on 23 April, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:11952-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.836 of 2025
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Santosh Kumar Besra @ Santosh Ku Besra, aged about 33 years,
s/o Late Ram Krishna Mahali, r/o village-Gelialor, P.O. Roladih,
P.S. Toklo, District-West Singhbhum-833102 presently residing
at Rajkharsawan Radhakhali, P.O. Amda, P.S. Kharsawan,
District-Seraikella-Kharsawan (Jharkhand)-833101
.......... Petitioner.
-Versus-
1. Union of India through Secretary, Department of
Telecommunication, Govt. of India, P.O. & P.S.-New Delhi, North
Block, New Delhi-110001.
2. The General Manager (M), BSNL Corporate Office, P.O. & P.S.
New Delhi-110001.
3. The Chief General Manager, Telecommunication-cum-Chairman
of the Screening Committee, BSNL, Jharkhand
Telecommunication Circle, P.O. & P.S.-Ranchi, District-Ranchi-
834001
4. General Manager (HR), BSNL, ARTTC Building, P.O. & P.S.
Ranchi, District-Ranchi.
5. D.G.M. (Mtce.), ETR, BSNL (Bharat Sanchar Nigam Ltd.), 3rd
Floor, Microwave Building Telephone Exchange Campus, Lake
Road, P.O. Ranchi, P.S. Lower Bazar, District-Ranchi.
6. AGM (PG/Regulation), office of the CGMT, JTC, BSNL, P.O. & P.S.
Ranchi, District-Ranchi.
7. Divisional Engineer (Trans.) BSNL (Bharat Sanchar Nigam Ltd.),
M/W Maintenance, P.O. & P.S. Jamshedpur, District-East
Singhbhum.
.......... Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mrs. Vandana Singh, Advocate
For the Res. Nos.2 to 7: Mr. Sumit Prakash, Advocate
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Order No.06 Date: 23.04.2025
1. In this writ petition, the petitioner has challenged the judgment
dated 28th August, 2024 passed in O.A. No.051/00851/2022 of
the Central Administrative Tribunal, Patna Bench, Patna.
2. The applicant herein had filed the said O.A. under Section 19 of
the Administrative Tribunal Act, 1985 to direct the respondents
to complete the process for Compassionate Ground Appointment
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in lieu of death of his father, who was an employee of the Bharat
Sanchar Nigam Limited (BSNL) and other ancillary reliefs.
3. Admittedly, the father of the writ-petitioner died on 20th August,
2015 while working as Telephone Mechanic (TM) at Jamshedpur.
4. On 5th May, 2017, the petitioner applied for the first time but his
application was not accepted due to incomplete information
allegedly furnished by him. The petitioner was informed on 18 th
October, 2017 that in the case of the petitioner, the
compassionate ground appointment case will be considered in the
Circle High Power Committee (CHPC) after completion of financial
year 2017-18. The petitioner again submitted an application
completing all details on 12th October, 2018 but the respondents
sent CHPC meeting minutes dated 13th February, 2020 to BSNL,
New Delhi and till the filing of the O.A. no decision in favour of
the petitioner was received.
5. The petitioner contended before the Tribunal that the vacancy in
which the petitioner should be considered is for the year 2017-18
and the same was kept pending by the BSNL Corporate Office
and that this is not permissible.
6. The respondents filed a counter affidavit before the Tribunal
stating that the father of the petitioner died on 20th August, 2015
and the documents were received on 15th October, 2019 on
completing case. They do not deny that the petitioner had made
an application for the first time on 5th May, 2017 and that on 18th
October, 2017, petitioner was informed that his case would be
considered by the CHPC.
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7. The respondents relied on two office orders dated 9 th April, 2019
and 7th March, 2022 dealing with the compassionate ground
appointment aspect and for keeping the same in abeyance.
8. The proceeding dated 9th April, 2019 issued by the AGM
(Establishment-IV) states that the BSNL Board in its 188th
meeting has decided to keep Compassionate Ground
Appointment in abeyance for three years for the vacancies arising
after 1st April, 2018 due to stressed financial condition of the
company and it will be reviewed after three years. The letter
states that in view of the Board decision, Policy of implementation
of compassionate ground appointment will be kept in abeyance
for three years for the vacancies arising after 1st April, 2018
including unfilled vacancies, if any, after conducting CHPC
meeting for vacancies up to 31st March, 2018. It is stated that
thereafter the policy will be reviewed for implementation of the
compassionate ground appointment and revised instructions will
be issued accordingly.
9. In the letter dated 7th March, 2022 issued by the AGM
(Establishment-118), it is stated that the BSNL Board in its 211th
meeting has decided to keep compassionate ground appointment
in abeyance till further orders beyond 31st March, 2022 due to
stressed financial condition of the company.
10. The Tribunal referred to both these documents in the impugned
order and while noting that the petitioner's father died on 20 th
August, 2015 and that his first application for compassionate
ground appointment was made on 23rd September, 2017,
however, held that the petitioner did not submit complete
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documents and some documents were found wanting like
terminal benefits, pension calculation sheet, sources of annual
income etc. It then held that complete correspondence was
submitted by the petitioner only on 25th October, 2019 and,
therefore, the bar contained in the circulars dated 9th April, 2019
and 7th March, 2022 would apply.
11. It is unfortunate that the respondents are treating the aspect of
the compassionate ground appointment which is to be given
immediately to the family which would suffer financial distress in
this manner by not considering the application filed by the
applicant on 23rd September, 2017 on the pretext that some
information was not available, though the respondents
themselves were aware of the amount of terminal benefits,
pension etc. of the deceased-employee which is available in their
own records. It is also unfortunate that the Tribunal instead of
treating the petitioner's application dated 23rd September, 2017
as the basis for consideration of the petitioner's case treated the
date on which the petitioner submitted the additional information
on 25th October, 2019 as the relevant date ignoring the fact that
the application for compassionate ground appointment itself was
made on 23rd September, 2017 and the mere fact that the said
information was submitted later should not deprive the petitioner
of the benefit of the same.
12. Recently on 14th February, 2025, the Hon'ble Minister for
Department of Telecommunications, Government of India has
stated that the BSNL has registered a quarterly profit of Rs.262
crores for the first time in 17 years. Thus, the financial
2025:JHHC:11952-DB
position of the BSNL seems to be improving year after year and
it has now turned the corner, and had even made a profit in the
quarter referred to by the Hon'ble Minister. It is unfortunate that
the Board of the BSNL in spite of the BSNL turning a corner has
not chosen to revisit the Compassionate Ground Appointment
Policy and has admittedly not given any appointment for
vacancies which have arisen before 2017 till date on the pretext
of financial stress.
13. Since the fact that the petitioner's father was employed in the
BSNL is not disputed, that his date of death is also not disputed
and the relationship of the petitioner with his father is also not
disputed and whatever terminal benefits, pension was being paid
to the family is available with the BSNL and since at the time
when the petitioner applied for compassionate appointment, the
Compassionate Ground Appointment Policy dated 27th June, 2007
was in vogue, the respondents are directed to consider the case
of the petitioner for compassionate appointment in terms of the
said Policy within four weeks and communicate the decision to
the petitioner.
14. The writ petition is allowed as above and the judgment dated 28th
August, 2024 passed in O.A. No.051/00851/2022 by the Central
Administrative Tribunal, Patna Bench, Patna is set aside.
(M.S. Ramachandra Rao, C.J.)
(Rajesh Shankar, J.)
Sanjay/Rohit
