THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17268 OF 2011 Dated:22.06.2011 Between: Doddi Venkatesh .. Petitioner And Bharat Sanchar Nigam Limited, Represented by its Chief General Manager (Personnel-IV Section), 5th Floor, Bharat Sanchar Bhavan, Janpath, New Delhi And others .. Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17268 OF 2011 ORDER: This Writ Petition is filed to declare the action of respondents in not appointing the petitioner in a suitable post in Class-III, under Compassionate Appointments Scheme, on account of the sudden death of his father Sri late D.Siva Rama Chandra Rao, as illegal and arbitrary and consequently direct the respondents to appoint the petitioner in a suitable post in Class-III appointments under the Scheme of Compassionate Appointments. 2. The case of the petitioner is that his father late Doddi Siva Rama Chandra Rao served as Residential Mechanic – Telecom Mechanic, in the Bharat Sanchar Nigam Limited (BSNL), Vijayawada - third respondent, for 14 years and died with heart attack on 13.11.2005, leaving behind his wife, mother, daughter and the petitioner herein, who is the only son to look after his family. The petitioner states that while his father was alive, he took huge money from money lenders for managing his family and the creditors have also obtained orders of attachment of the death benefits and pension of his father. When the petitioner was studying 1st year B.Sc., (Computer Science) in 2007, he made an application with all required certificates to the respondents to consider his case for compassionate appointment. The third respondent vide letter, dated 03.11.2007, informed the petitioner that his application for compassionate appointment has been kept pending in DOT CELL for want of clearance of attachments. Therefore, the petitioner and his mother cleared the outstanding loan amounts and consequently, their family is facing lot of financial crisis with the meager amount of pension, which was around Rs.2,010/- initially and after including D.A., it came to Rs.4,300/-. On 14.07.2008, his mother made an application to the authorities concerned stating that they discharged all the debts and her son’s appointment into a suitable post under compassionate grounds may be considered as early as possible, but in vain. In pursuance of the letter of the second respondent, dated 01.10.2009, the petitioner submitted all the required documents, including a letter addressed by the Mandal Revenue Officer, Visakhapatnam, dated 29.12.2006, stating that there are no earning members in the family and that they have no immovable properties. But, the first respondent issued the proceedings, dated 01.02.2011, to the second respondent wherein it is clearly stated that the Committee rejected the request made by the petitioner stating that the family of the petitioner has sufficient assets and limited liabilities. Hence, the writ petition. 3. Heard the learned counsel for the petitioner and perused the material available on record. 4. The first respondent addressed a letter, dated 01.02.2011, to the Chief General Manager Telecom, Andhra Pradesh Telecom Circle, Hyderabad – second respondent, stating that the petitioner may be conveyed through a speaking order about the veracity of facts. The relevant portion of the said letter reads as under: I am directed to refer the case of compassionate ground appointment on the above mentioned subject. The case of the appointment of Sh.D.Venkatesh was put up for consideration before the High Power Committee of BSNL. The Committee made the following observations: “The ex-official expired on 13.11.2005 at the age of 43 years survived by his wife, a son, a daughter and a mother. The daughter is already married. The family pension is Rs.2,810 + DA and other terminal benefits were Rs.2,05,428/-. The son has applied for CGA vide application dated 31.01.2007. Keeping in view the assets, limited liabilities and overall assessment of the financial condition of the family of the deceased official, the Committee did not consider the family to be living in penury and recommended for rejected of the request under provisions of the scheme for the purpose [in accordance with instructions of Department of Personnel & Training laid down in O.M.No.14014/6/94-Estt(D), dated 09.10.1998]. The above may be conveyed to the applicant through a speaking order accordingly. The veracity of facts, as mentioned above, may please be checked before issue of letter. 5. In pursuance of this letter, fourth respondent has not passed any speaking order. 6. Therefore, the writ petition is disposed of directing the fourth respondent to pass a speaking order in pursuance of the letter of the first respondent, dated 01.02.2011, and communicate the same to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _______________ K.C. BHANU, J 22.06.2011 KH