Friday, October 11, 2013

Bom OA 111/2010

Bom OA 111/2010

CENTRAL ADMINISTRATIVE TRIBUNAL,
BOMBAY BENCH, MUMBAI.

ORIGINAL APPLICATION No.111 OF 2010

Dated of Decision:15.02.2013

CORAM: HON'BLE SMT. LEENA MEHENDALE, MEMBER(A)
HON'BLE SMT. CHAMELI MAJUMDAR, MEMBER(J)

Vishal Babu Kale,
At Zalta, Post Chikalthana,
Tq. Dist. Aurangabad.   ...   Applicant
(By Advocate Shri Sandeep G. Kulkarni
holding for Advocate Shri S.D. Dhonge)

VERSUS

1. The Union of India,
Through: Secretary,
Telecommunication Department,
Sanchar Bhavan, 20 Ashoka Road,
New Delhi 110 001.

2. Assistant Director,
(Recruitment)
BSNL, Administrative Building,
4th Floor, Juhu Road,
Santacruz (W), Mumbai 400 054.

3. The General Manager,
Telecom
11/12 “Sanchar Sadan”
GM Telecom, Cannaught Place,
CIDCO, N-5, Aurangabad – 3.     ...   Respondents
(By Advocate Shri A.K. Sharma)

O R D E R (ORAL)
Per: Smt. Leena Mehendale, Member(A)
Heard both the learned counsel for the parties.
2. Learned counsel for the respondents submits that the respondents agree that the calculation of marks for deciding 'Indigent circumstances' was done incorrectly.  Noting the dependency of 5 persons he should have been given 59 marks.  However, since it was recorded that there is a dependency of 4 persons only the marks alloted to him were 54.  Since at the time of final consideration no case who was assigned with less than 55 marks was considered, the case of the applicant was not considered in 2008.  Now the respondents are willing to reconsider his case by taking his indigency marks to be 59.  Therefore, his case will be considered by the Head Office of BSNL, Delhi whenever their next meeting to consider the cases of Compassionate Appointment will be held.
3. This contention is agreeable to the learned counsel for the applicant.  The Original Application is therefore, allowed with the directions to the respondents to treat the indigency marks of the applicant as 59 and reconsider his case whenever the next meeting at Delhi is taking place.  We must however, keep on record our observation that BSNL being a huge organization, the number of applications for Compassionate Appointment in any Calender year is quite large and all those applicants are seeking a speedy redressal in view of the sudden death of the earning hand in their family.  Hence BSNL must follow some set frequency for holding such meetings which should be at least twice a year.  We hope that the BSNL is already following the such pre-decided calender for meetings on question of appointments on compassionate grounds so that cases are considered in reasonable time.
4. With these observations, the Original Application is allowed.
                                                       

(Smt. Chameli Majumdar) (Smt. Leena Mehendale)
    Member(J)            Member(A)

dm.

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