1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4368/2009 Manish Digambar Wankhede..vs..Chief General Manager,Bharat Sanchar Nigam Ltd.&ors. ---------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------------- Mr. Chaware, Advocate for petitioner. Mr. Nandanwar, Advocate for respondent nos. 1 and 2. CORAM: S. A. BOBDE & P. D. KODE, JJ DATED : 30 th NOVEMBER, 2010 1. Heard learned counsel for the parties. 2. This petition is for direction to the respondents to grant compassionate appointment to the petitioner. We find from the reply of the respondents that the respondents have formulated Weightage Point System for assessment of Indigent Condition under Government Resolution dated 27.06.2007. Relevant part of Weightage Point System is as under:- “Assessment Criteria:- I. 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. II. Cases with NET POINTS below 55 (i.e. 54 or less) shall be treated as non-indigent and rejected.” 3. It is pointed out on behalf of respondent that the petitioner has received less than 55 points and, therefore, 2 the prayer for compassionate appointment has been rejected since he is not liable to be treated as an indigent. Learned counsel for the petitioner vehemently argued that the rejection under this Government Resolution is not valid since under earlier Government Resolution dated 09.10.1998 it is not necessary to take into account the benefits which a candidate may have received under various beneficial schemes. The learned counsel, therefore, states that the petitioner's application is old and thus liable to be considered under the Government Resolution dated 09.10.1998. 4. Taking overall view of the matter, we see no merit in the arguments advanced by learned counsel for the petitioner. There is no question of retrospectiveness since the case of a candidate will have to be decided on the basis of criteria in force at the time the decision is taken and not at the time of death of an employee or making of the application for compassionate appointment. There is no merit in the petition. The same is, therefore, dismissed. JUDGE JUDGE kahale