IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 24907 of 2009(S) -------------------------- PETITIONER(S): --------------- DIVYADAS.P,AGED 26 YEARS, D/O.LATE P.K.DASAN,UNEMPLOYED,PACHAMPULLY HOUSE.PO KANDASSANKADAVU,MAMPILLY,THRISSUR DISTRICT. BY ADV. SRI.N.J.JOHNSON RESPONDENT(S): --------------- 1. THE PRINCIPAL GENERAL MANAGER,TELECOM, BHARATH SANCHER NIGAM LTD.,THRISSUR. 2. THE CHIEF GENERAL MANAGER,BHARATH SANCHAR NIGAM LTD.,TRIVANDRUM. 3. THE CIRCLE HIGH POWER COMMITTEE, CORPORATE OFFICE,BHARAT SANCHAR NIGAM LIMITED, NEW DELHI. ADDL.R4.BHAVYADAS P., D/O. LATE P.K. DASAN, PACHAMPULLY, KANDASANKADAVU P.O., THRISSUR 680 613. ADDL.R5. BHAGYADAS P., D/O. LATE P.K. DASAN, PACHAMPULLY, KANDASANKADAVU P.O., THRISSUR 680 613. ADDL.R6.VALSALA DAS, W/O. LATE P.K. DASAN, PACHAMPULLY HOUSE, MAMPULLY KANDASANKADAVU P.O., THRISSUR 680 613. (ADDITIONAL RESPONDENTS 4 TO 6 IMPLEADED AS FPER ORDER DATED 25.9.2009 IN I.A. NO. 11764 OF 2009) ADVS. SRI.P.C.IYPE,SC,BHARAT SANCHAR NIGAM LT FOR R1 TO 3 SRI.B.V.JOY SANKER FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 24907 OF 2009 --------------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph, J. The applicant before the Central Administrative Tribunal, Ernakulam Bench in O.A. No. 10 of 2009 is the petitioner. The issue pertains to the question of compassionate appointment under the B.S.N.L. The Tribunal by order dated 21.7.2009 directed the B.S.N.L. to give appointment to any other eligible member of the family. Aggrieved by the said order, the applicant has filed this Writ Petition. 2. The undisputed facts are as follows: The father of the petitioner died on 29.2.2004. The applicant submitted an application on 13.9.2004 for compassionate appointment. The B.S.N.L. prepared a waiting list of eligible candidates for appointment on 3.2.2005. The petitioner is serial No.42 in the said list. According to the petitioner, all the others in the waiting list have been appointed. Learned counsel appearing for the B.S.N.L. submits that the petitioner got married on 24.12.2006 and hence the case of the petitioner for compassionate appointment cannot be W.P.(C)NO. 24907/2009 2 considered; instead another eligible member of the family can be considered. The remaining members of the family have come on the party array as additional respondents 4 to 6. They submitted that they have no objection in the petitioner being offered the appointment on compassionate ground and that in fact they want the appointment to be given to the petitioner since at the time of marriage of the petitioner, it was represented to her husband that she would be getting employment under the B.S.N.L. in view of her rank in the waiting list. Learned counsel for the B.S.N.L. further submits that going by the guidelines, eligibility has to be considered taking note of the circumstances at the time of appointment. 3. We are afraid, the above contention cannot be appreciated and that issue is covered against the B.S.N.L. by the judgment of the Supreme Court in SBI v. Jaspal Kaur (2007)2 S.C.C. 578 wherein it has been stated that the “matter should be decided within the parameters of the scheme prevailing when application for compassionate appointment filed and not as prevailing on the date of decision of the court”. Now that the other members of the family have come on the party array and they too pray for an appointment to the petitioner and since the petitioner is otherwise eligible, going by the date of occurrence of the cause of action, the date of death of the petitioner's father, date of application and date of W.P.(C)NO. 24907/2009 3 preparation of the waiting list, the petitioner can be given the appointment as per her turn in the waiting list. 4. Accordingly, we set aside Ext.P3 order of the Central Administrative Tribunal, Ernakulam Bench in O.A. No.10 of 2009 and direct respondents 1 to 3 to consider the case of the petitioner for appointment on compassionate ground as per her turn in the waiting list dated 3.2.2005, in case any person ranked below the petitioner in the waiting list has been appointed. The action as above shall be taken within a period of one month from the date of production of a copy of this judgment. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 24907/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.24907/2009 JUDGMENT 1st October, 2009 W.P.(C)NO. 24907/2009 5