Job on compassionate ground not charity: HC - The Times Of India

Job on compassionate ground not charity: HC - The Times Of India

TIMES NEWS NETWORK

Chennai: 28.10.2020

Appointment on compassionate ground is neither an act of charity nor temple ‘prasadham’, the Madras high court said censuring BSNL for refusing such appointment for a deserving candidate.

“Death of a sole breadwinner will definitely cause huge imbalance in any family especially when the family is in the low-income group,” a division bench of Justice M Sathyanarayanan and Justice R Hemalatha said. The court made the observations while allowing a plea moved by G Vijaya Prasanna challenging an order passed by the Central Administrative Tribunal (CAT) denying her the benefit of compassionate appointment.

Vijaya Prasanna’s father K Gajendran died in 2003 while working as a telegraph man in BSNL.

In 2004, the petitioner gave a representation seeking appointment under compassionate ground. Though she was appointed as an office assistant on contract basis, her application for permanent appointment was rejected.

“… in view of the assets / liabilities of the family of the deceased, official support arrangement, constitution of the family and overall assessment of condition of the family, the circle high power committee did not agree to recommend the compassionate ground appointment and rejected the request under provision of the scheme,” BSNL said through an order dated June 1, 2016.

Aggrieved, the petitioner moved the CAT but her plea was dismissed by the tribunal, prompting her to move the high court.

Allowing the petition, the bench said, “In the instant case, the authorities, by their act, have deprived a truly indigent destitute and impoverished family, of a deserving compassionate appointment.”

Instead of extending a helping hand at the time of distress, authorities have remained mute for years only to turn the tables against the petitioner. Callous attitude and lack of empathy have caused this denial of an appointment on compassionate grounds, the court added.

The court then directed the BSNL to consider appointment of the petitioner under compassionate ground favourably within three months.