IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 21446 of 2005(C) --------------------------------------- PETITIONER: -------------------- VIBU N.NAIR, "AMBADI", AMARA P.O., MADAPPALLY, CHANGANACHERRY. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS: ------------------------ 1. THE BHARATH SANCHAR NIGAM LTD., REPRESENTED BY ITS DIRECTOR GENERAL, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, TELECOMMUNICATIONS, B.S.N.L., KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, TELECOMMUNICATIONS, B.S.N.L., TIRUVALLA. ADV. SRI.K.KESAVANKUTTY, SC, BSNL FOR R1 TO 3 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.21446/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.CCA/KRL/1-3/C-223/2003-04/5 DT. 31.7.03 ISSUED BY THE CONTROLLER OF COMMUNICATION ACCOUNTS (DEPT. OF TELECOMMUNICATIONS) THIRUVANANTHAPURAM. EXT.P2:- COPY OF THE ORDER NO.CCA/KRL/1-3/C-223/2003-04/6 DT. 31.7.03 ISSUED BY -DO- -DO-. EXT.P3:- COPY OF THE ORDER NO.CCA/LRL/1-03/C-223/2003-04/7 DT. 31.7.203 ISSUED BY -DO- -DO- EXT.P4:- COPY OF THE OM. NO.4014/6/94-ESTT)D) DT. 9.10.1998 ISSUED BY THE GOVT. OF INDIA, DEPARTMENT PERSONNEL & TRAINING, PUBLISHED IN 1999(1) KIJ. EXT.P5:- COPY OF THE APPLICATION DT. 26.5.2003 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6:- COPY OF THE ORDER NO.ST/43/VNN/11 DT. 2.8.04 ISSUED BY THE 3RD RESPONDENT. EXT.P7:- COPY OF THE REPRESENTATION DT. 3.9.04 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR COMMUNICATION , NEW DELHI. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE APPLICATION DT. 26.5.03 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.R3(b):- COPY OF THE INCOME CERTIFICATE DT. 2.5.03 ISSUED BY THE TAHSILDAR, CHANGANACHERRY IN FAVOUR OF THE PETITIONER. EXT.R3(c):- COPY OF THE INSTRUCTIONS ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, DEPT. OF PERSONNEL & TRAINING, GOVT. OF INDIA DT. 9.10.98 WITH COVERING LETTER DT. 10.2.99. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.21446 OF 2005 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T Petitioner is aggrieved since his application for compassionate appointment has not been considered by the authority in accordance with law. Exhibit P6 is a communication in that regard. That communication reads as follows: “ With reference to the above application, it is informed that your request for compassionate ground appointment was rejected by the HPC, BSNL Headquarters, New Delhi since your family is not found living in indigent condition”. 2. The main grievance of the petitioner is that the application has not been considered adverting to the grounds on which the application is based. Inviting reference to the decision of the Supreme Court in Govind Prakash Verma vs. Life Insurance Corporation of India and others [(2005) 10 SCC 289], it is submitted that the application should have been considered properly. Apparently, there is no consideration by the appointing authority. It is also not clear as to what is the order W.P.(C) No.21446/05 2 passed by the Head Quarters. Exhibit P6 is only a communication by a subordinate officer. What is the order based on the application is not clear. There will be a direction to the appointing authority to consider Exhibit P5 application of the petitioner and pass appropriate orders thereon in accordance with law, ignoring the orders if any already passed in the matter, adverting also to the contentions taken by the petitioner, in the light of the decision of the Supreme Court referred to above and communicate the order to the petitioner within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.21446/05 3 KURIAN JOSEPH, J. W.P.(C) No. 21446 OF 2005 J U D G M E N T 28.08.2008