The High Court of Kerala dismissed a writ petition challenging an order of the Central Administrative Tribunal that declined to grant compassionate appointment to the petitioner, finding the Tribunal's rational evaluation of financial penury to be without merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
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)
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OA.904/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT IN THE O.A.:
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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.:
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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.
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
2 issues framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal's order declining compassionate appointment on the ground of rational selection based on penury.
Whether the petitioner's financial status and family pension satisfy the parameters for compassionate appointment.
T.B. Valsala
Union of India
The Chief General Manager, Telecom, BSNL, Kerala Circle
The Circle High Power Committee
C.N. Ramachandran Nair
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
