Appointment on compassionate ground is neither an act of charity nor temple ‘prasadham’, the High Court of Madras said censuring BSNL for refusing such appointment for a deserving candidate.
“Death of a sole breadwinner will definitely cause huge imbalance in any family especially when the family is in the low-income group,” a division bench of Justices M Sathyanarayanan & R Hemalatha said. The Court made the observations while allowing a plea moved by G Vijaya Prasanna challenging an order passed by the Central Administrative Tribunal (CAT) denying her the benefit of compassionate appointment.
Vijaya Prasanna’s father K Gajendran died in 2003 while working as a telegraph man in BSNL.
In 2004, the petitioner gave a representation seeking appointment under the compassionate ground. Though she was appointed as an office assistant on contract basis, her application for permanent appointment was rejected.
Through an order dated June 1, 2016, BSNL said that “… in view of the assets / liabilities of the family of the deceased, official support arrangement, constitution of the family & overall assessment of condition of the family, the circle high power committee did not agree to recommend the compassionate ground appointment & rejected the request under provision of the scheme".
Aggrieved, the petitioner moved the CAT but her petition was dismissed by the tribunal, prompting her to move the HC.
Allowing the plea, the bench said, “In the instant case, the authorities, by their act, have deprived a truly indigent destitute & impoverished family, of a deserving compassionate appointment.”
Instead of extending a helping hand at the time of distress, authorities have remained mute for years only to turn the tables against the petitioner. Callous attitude & lack of empathy have caused this denial of an appointment on compassionate grounds, the Court added.
The Court then directed the BSNL to consider appointment of the petitioner under compassionate ground favourably within 3 months.
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