Case Note & Summary
The case involved an appeal by the Chief General Manager, Telecommunication, BSNL against a judgment by the Allahabad High Court that granted Rs.10 lakhs to the respondent for the denial of compassionate appointment after the death of his father, a Telephone Mechanic. The father passed away on 07.02.2003, and the respondent applied for compassionate appointment on 15.10.2004, completing all necessary formalities by 03.07.2005 under the 1998 Scheme. The appellants introduced a new Scheme on 27.06.2007, which led to the rejection of the respondent's application on 15.09.2007, citing that the family was not indigent. The respondent challenged this rejection, arguing that the delay in processing his application was due to the appellants' inaction. The High Court acknowledged the respondent's right to fair consideration but noted that he had crossed the age of 50 by the time the matter reached them, making employment impossible. However, they awarded him Rs.10 lakhs as compensation. The Supreme Court found that the delay was indeed attributable to the appellants and modified the compensation to Rs.5 lakhs, directing payment within four weeks, failing which interest would accrue. The court emphasized the importance of timely processing applications for compassionate appointments and recognized the respondent's entitlement under the 1998 Scheme.
Headnote
A) Employment Law - Compassionate Appointment - Delay in Processing Application - Code of Civil Procedure, 1908 - The respondent's application for compassionate appointment was delayed due to inaction by the appellants, leading to a denial of his right to fair consideration. The court modified the High Court's order, awarding Rs.5 lakhs as compensation for the delay caused by the appellants (Paras 4-5).
Issue of Consideration
Whether the respondent was entitled to compassionate appointment and the appropriate compensation due to delay in processing his application.
Final Decision
The Supreme Court modified the High Court's judgment, reducing the compensation from Rs.10 lakhs to Rs.5 lakhs, to be paid within four weeks, with interest at 9% per annum if delayed.
Law Points
- Compassionate appointment
- Delay in processing applications
- Right to fair consideration
- Compensation for loss of opportunity
