Supreme Court Imposes ₹1 Lakh Cost On BSNL For Frivolous Plea Against Compassionate Appointment; Allows Recovery From Officers

The Supreme Court imposed Rs. 1 Lakh cost on BSNL for filing a frivolous plea against the granting of a compassionate appointment to an individual whose parents died in harness (during service).

The bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti expressed shocked about filing of such petitions, despite a well settled law on grant of compassionate appointment to the deceased employee's legal heirs. The Court, however, gave a liberty to the BSNL to recover the cost from the officer who advised filing of such a plea before the Supreme Court.

BSNL approached the Supreme Court against the MP High Court's order which affirmed the CAT's order granting a compassionate appointment to the Respondent in a Group-D category job, whose father and mother died in harness.

Refusing to interfere with the impugned findings, the Court asserted that it was not expected of the government-owned entity like BSNL to file a plea against a grant of compassionate appointment to a legal heir of an employee who died in harness.

The Respondent, initially scored 74 points and was found to be fit for appointment by the Circle Assessment Committee; however, the Circle High Power Committee (“HPC”) awarded 54 points, which are below benchmark of 55 points and therefore, his case for grant of compassionate appointment was rejected.

One of the main reason for reduction in points was that the Respondent was not living in rented premise to make him eligible for 10 points towards the head of accommodation. The Respondent was living in slum (Jhuggi), making him ineligible for 10 points.

The CAT set aside the HPC's decision to not allot 10 points towards head of accommodation, noting that the Respondent was living in temporary jhuggi, and it was unfair on the part of HPC to deduct the points.

The High Court decision to affirm the CAT's findings, were subsequently approved by the Supreme Court.

Accordingly, the appeal was dismissed.

Cause Title: BHARAT SANCHAR NIGAM LTD. (A GOVERNMENT OF INDIA ENTERPRISES) & ORS. VERSUS PAVAN THAKUR

Click here to read/download the order

Appearance:

For Petitioner(s) Mr. Piyush Sharma, AOR Mr. Anuj Kumar Sharma, Adv. Mr. Aditya Dikshit, Adv.

For Respondent(s) None