Original Application No. 255/2011. Case: Mohisin Khan S/o Late Shri Shokat Ali Aged about 20 Years, Resident of Ward No. 16, Behind Makdinath School, Village and PO Ratangarh District Churu 331022 his Late Father Shri Shokat Ali was Last Employed as Telephone Mechanic in Telephone Exchange, BSNL, Bigga District Churu Vs Bharat Sanchar Nigam Limited through its Chairman & Managing Director, Corporate Office, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi 110001, Chief General Manager Telecom, BSNL, Rajasthan Telecom Circle, Jaipur and General Manager Telecom District, Churu, BSNL, District Churu. Central Administrative Tribunal
| Case Number | Original Application No. 255/2011 |
| Counsel | For Appellant: Mr. J.K. Mishra and For Respondents: Mr. S.K. Mathur, Advocate |
| Judges | B.K. Sinha, Member (Ad.) |
| Issue | Administrative Tribunals Act, 1985 - Section 19 |
| Judgement Date | January 01, 2013 |
| Court | Central Administrative Tribunal |
Order:
B.K. Sinha, Member (Ad.), (Jodhpur Bench)
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The applicant has in this application filed under Section 19 of the Administrative Tribunals Act, has prayed for the following relief(s):-
(1) The impugned order dt. 19.2.2011 (Annexure A-1) may be declared illegal and the same may be quashed. The respondents may be directed to award due marks for residing in rented house and consider the candidature of the applicant for appointment on compassionate grounds as per rules and allow all consequential benefits.
(ii) That any other direction, or orders may be passed in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case in the interest of justice.
(iii) That the costs of this application may be awarded.
The case of the applicant is that he happens to be the eldest son of the deceased employee Shokat Ali, who was in employment of the BSNL as Telephone Mechanic at Bigga in District Churu, and who expired while in service on 6.5.2007 having been stricken with Cancer. The applicant who attained the majority on 20.6.2009 and has studied up to Class VIII submitted an application along with the requisite documents for his appointment on compassionate grounds on 22.08.2009. His application was rejected vide the letter dated 7.4.2011 on the ground that he had obtained only 51 marks which are less than the minimum requirement of 55 marks. The communication, under reference at Annexure [A/1], also indicates the full details of the deceased employee and mentions inter alia that the applicant is residing in a house of his own and further that the family has been provided terminal benefits amounting to Rs. 7,33,820/- besides a family pension of Rs. 3368/- per month. This has been challenged by the applicant on the ground that the house under consideration belongs to one Shri Baboo Khan who has rented it out on a monthly rent to the mother of the applicant's mother Firoza Bano wife of deceased employee Shokat Ali. The claim the applicant has also been supported by a certificate from one Yusuf Ali, a Member of the Municipality.
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The applicant contends that he has been awarded Nil points as he is living in his own accommodation. In the case it is admitted that he is living in rented accommodation he stands to secure another 10 points which would entitle him for appointment as then he would have scored 61, well above the cut off points of 55.
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The respondents have strongly denied the contentions of the...
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