Telangana High Court
WP/27623/2005 of Mohammed Basheer, Vs The Sub Divisional Officer (Phones) on 28 December 2005
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.27623 of 2005 Dated: 28-12-2005 Between: Mohammed Basheer. .. PETITIONER AND The Sub Divisional Officer (Phones), Kakinada South, Kakinada, East Godavari District and others. .. RESPONDENTS ORDER: The father of the petitioner by name
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.27623 of 2005
Dated: 28-12-2005
Between:
Mohammed Basheer.
.. PETITIONER
AND
The Sub Divisional Officer (Phones), Kakinada South, Kakinada, East Godavari District and others. .. RESPONDENTS
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ORDER:
The father of the petitioner by name Md.Maqbool was employed in the B.S.N.L. Hedied on 28-08-2001 while in service. The petitioner made an application forproviding employment on compassionate grounds stating that his family is indistress after the death of his father. The third respondent rejected the claim of thepetitioner, through proceedings, dated 23-09-2003. The same is challenged in thiswrit petition.
Heard the learned counsel for the petitioner and the learned Standing Counsel forthe respondents.
The issue relating to providing employment to the dependants of the deceasedemployees on compassionate grounds became the subject matter of severaljudgments of this court as well as the Supreme Court. The very purpose ofintroducing the scheme of providing employment on compassionate grounds is torelieve the family from the immediate distress, on account of the sudden death of theemployee. Axiomatically, if it is found that the family is not in distress, the question of providing employment on such grounds does not arise. The fact that employment oncompassionate grounds would result in corresponding denial of an opportunity tothe otherwise qualified and needy candidate, assumes importance in this regard.
This court in K.R.SULOCHANA DEVI v. CHAIRMAN, RAILWAY BOARD, NEWDELHI, disposed of batch of writ petitions after taking into account variousjudgments of the Supreme Court on this point. It was ultimately held that if the familyof a deceased employee receives benefits exceeding a sum of Rs.1,00,000/- in theform of gratuity, P.F., etc., the dependants cannot claim the benefit of compassionateappointment.
In the instant case, it has been pointed out that the family of the petitioner hasextended the benefit of Rs.3,39,809/- after the death of the father of the petitionerand that the family is getting pension of Rs.3,565/- per month. Under thosecircumstances, it cannot be said that the family of the petitioner is in distress.Therefore, no exception can be taken to the impugned order.
The writ petition is accordingly dismissed. No order as to costs.
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28-12-2005
Prv