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Ajay Kumar v. Chief Managing Director B.S.N.L. And Others - WRIT - A No. 70804 of 2005 [2005] RD-AH 5833 (17 November 2005)


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                                                                                                                     Court no. 7

                 Civil Misc. Writ Petition No. 70804 of 2005

Ajay Kumar                Versus               State of U.P. and others

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The father of the petitioner died in harness on 5.3.1988 while working as Telegram Messenger in erstwhile Indian Post and Telegraph Department. Thereafter the mother of the petitioner also expired on 4.3.1988.

The counsel for the petitioner has urged that at the time of death of his father the petitioner was only seven years old, his sister was four years old and younger brother was 4 months old. On 18.1.1999 he had submitted an application to the Incharge Superintendent, Central Telegraph Office, Bareilly requesting for payment of pension and outstanding dues as well as appointment on compassionate ground under the Dying in Harness Rules in the department.  On 19.10.2000 the petitioner had given an application to the Sub-Divisional Engineer, C.T.O. Bareilly for payment of pension and outstanding dues as well as appointment on compassionate ground.  He had received a letter dated 20.7.2001 for furnishing an affidavit giving details of total liabilities etc. and Income Tax Certificate is also required to be annexed therewith.  The petitioner submitted an affidavit along with the document as desired by letter dated 20.7.2001 which was forwarded by the Sub-Divisional Engineer (Administration) G. M. Tele-Communication, Bareilly.

It appears that a direction was issued vide order dated 2/3rd September,   2002 by the Assistant Director Telecom, Dehradun  to the General Manager Telecommunication, Bareilly  to ascertain the financial status as well as to verify all the documents of the petitioner. By order dated 12.1.2005 the request of the petitioner for appointment on compassionate ground was rejected by the High Powered Committee constituted by the Bharat Sanchar Nigam, Limited and the petitioner was accordingly informed about the aforesaid fact vide letter dated 14.2.2005.

Aggrieved, the petitioner filed review petition before the Chairman cum Director, Bharat Sanchar Nigam,Limited, New Delhi for reconsideration of the order dated 12.1.2005 whereby the application of the petitioner for compassionate appointment was rejected by the High Powered Committee constituted by the Bharat Sanchar Nigam, Limited, Head quarter.

The petitioner has come up with the prayer for quashing the impugned order dated 12.1.2005 as well as the consequential order dated 14.2.2005(Annexures-8 and 9 to the writ petition). The petitioner has also prayed that a direction in the nature of mandamus commanding the respondents to reconsider the review petition of the petitioner within the time prescribed by this Court. Lastly it has been prayed that the respondents may be directed to appoint the petitioner in Group ''C' Cadre and to issue any other writ, order or direction to which this Court may deem fit and proper in the circumstances of the case.

From the record it appears that the mother and father of the petitioner expired with one day interval i.e. 4.3.1988 and 5.3.1988 respectively.  The High Powered Committee constituted by the Bharat Sanchar Nigam, Limited Head quarter,New Delhi for granting relaxation on compassionate ground at belated stage was of the view that the children were brought up by their maternal uncle and the family possessed four bighas of agricultural land. The object being to enable the family to get over the financial crisis, which it faces at the time of death of the sole breadwinner was over as more than 16 years have passed, the compassionate employment can not be offered whatever the lapse of time after the crisis was over. Keeping in view that the family was able to manage for the last 16 years, the Committee did not find any reason to give relaxation of belated period and rejected the request of the petitioner for compassionate appointment. From the review application it appears that the petitioner has sought compassionate appointment on the ground that he has to marry sister and younger brother.

The object of the scheme for providing compassionate appointment is for tiding over the immediate financial crisis which the family has faced. The petitioner, his brother and his sister have also grown up and the petitioner is graduate, his brother and his sister are also educated which shows that the family is not in indigent circumstances. In the circumstances, in so far as the impugned order rejecting the compassionate appointment under the Dying in Harness Rules after 16 years is concerned, there is no illegality or infirmity in it.

However, the Court is of the view that the post death retiral dues of the deceased employee are yet to be paid to the petitioner. The same shall be paid within a period of two months from the date of submission of a certified copy of this order with 12% compound interest as the children were minor and it was the duty of the department to look after.

For the reasons stated above, the writ petition is dismissed.

Dated 17.11.2005



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