IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 OP (CAT).No. 2289 of 2011(Z) ---------------------------- OA.904/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER/APPLICANT IN THE O.A.: -------------------- T.B.VALSALA, W/O.K.CHANDRAN AGED 47 YEARS, SHILPA BHAVAN, VENMANI PO CHENGANNOOR. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENTS/RESPONDENTS IN THE O.A.: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF COMMUNICATIONS , NEW DELHI. 2. THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE,TRIVANDRUM PIN 695 033 3. THE CIRCLE HIGH POWER COMMITTEE REPRESENTED BY ITS CHAIRMAN SHRI GEORGE T MATHAI GENERAL MANAGER (HR/ADMN) O/O.THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE TRIVANDRUM 695 033. ADV. SMT.I.SHEELA DEVI FOR R2-3 ADV.P.PARAMESWARAN NAIR, FOR R1 ADV.MATHEW K. PHILIP FOR R2 AND R3. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CAT) NO.2289/2011 APPENDIX EXT.P1: COPY OF THE ORIGINAL APPLICATION WITH ANNEXURES EXCEPT ANNEXURE - A4 FILED BEFORE THE C.A.T., ERNAKULAM. EXT.P2: COPY OF THE REPLY STATEMENT WITH ANNEXURES THERETO. EXT.P3: COPY OF THE REJOINDER FILED BY THE PETITIONER. EXT.P4: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENT. EXT.P5: COPY OF THE FINAL ORDER DT.8.4.2011 IN O.A.No.904/2010 OF THE C.A.T., ERNAKULAM. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. -------------------------------------- O.P.(CAT) No.2289 OF 2011 -------------------------------------- Dated this the 18th day of July, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The Writ Petition is filed challenging the order issued by the CAT declining to order compassionate appointment to the petitioner. 2. We have heard the learned counsel for the petitioner and have gone through the orders of the Tribunal. We do not find any merit in the case because on a relative consideration of the case of several pending applications the Tribunal found that several others who are financially much worse than the petitioner are in the waiting and that the petitioner has only one child though she has other dependents like old aged mother and mother-in- law, she is getting a family pension of Rs.4452/- with Dearness Allowance. Besides this, she got terminal benefit of Rs.5,78,866/- on the death of her husband. The Tribunal has considered the basis for selection which is to see whether the O.P.(C.A.T) No.2289/2011 2 party is in penury entitling for appointment. The evaluation of the petitioner falls short of the parameters prescribed by the department which is found to be done on a rational basis by the C.A.T. We do not find any merit in the Writ Petition. Accordingly, it is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps