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SCA/2362/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2362 of 2010
=========================================================
ASHABEN
WD/O VIPULBHAI PATEL - Petitioner(s)
Versus
BHARAT
SANCHAR NIGAM LTD & 2 - Respondent(s)
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Appearance :
MR.DIPAK
B PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/04/2010
ORAL
ORDER
1. The
petitioner has prayed to quash and set aside the order dated 29th
December 2008 passed by the respondents and direct the respondents
for compassionate appointment.
2. On
17th May the husband of the petitioner expired during the
service, and therefore, on 4th October 2006 the petitioner
made an application in prescribed format, for getting compassionate
appointment, to the respondent No. 2.
3. A
committee of respondent No. 3 took a decision not to give appointment
to the present petitioner and informed the petitioner through
respondent No. 1 and 2 by an order dated 29th December
2008.
4. Heard
the learned Advocate for the petitioner at length and considered
documents on record. The Respondent Bharat Sanchar Nigam Limited
has formulated a policy for extending appointments on compassionate
ground. The Nigam has introduced weightage point system and decided
that cases with 55 or more net points shall be prima facie treated as
eligible for consideration by Corporate Office High Power Committee
for compassionate ground appointment and that the cases with net
points below 55 (i.e. 54 or less) shall be treated as non-indigent
and rejected. In the weightage point system for assessment of
Indigent Condition, items with positive points include (i)
dependent s weightage, (ii) Basic family pension, (iii) left out
service, (iv) Applicant s weightage, (v) Terminal benefits
including GPF/EPF, etc. and accommodation. There are also items with
negative points like monthly income and belated requests.
5. In
the present case, the family pension is Rs.5675/- and other benefits
were received to the extent of Rs.11,84,255/-. The family of the
deceased employee is staying in their own accommodation. Considering
all these facts the respondent authority has found that the
petitioner is not entitled for compassionate appointment as per the
policy of the Nigam.
6. In
the premises aforesaid, I do not find any merits in the petition. The
petition is, therefore, dismissed.
(K.S.
Jhaveri,J.)
mary//
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