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Madras High CourtWP/27309/2024dismissed

M.Kranthi v. The Union Of India

2026-06-09Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR W.P.No.27309 of 2024 and W.M.P.No.29809 OF 2024 M.Kranthi ... Petitioner -vs1. The Union of India Rep. by The Chief General Manager, Chennai Telephones, 78, Poonamallee High Road, Chennai - 600 010.

2. The Deputy General Manager(HR/A), BSNL, Chennai Telephones, No.89, Millers Road, Chennai - 600 010.

3. The Assistant General Manager (Estt & Legal), BSNL, Chennai Telephones, No.89, Millers Road, Chennai - 600 010.

... Respondents Prayer: Calling for the records connected with the impugned order passed by the Hon'ble Central Administrative tribunal, Chennai Bench in OA/310/00193/2022 dated 03.04.2023 so far as the rejection of compassionate appointment is concerned and direct the Respondents to consider the name of the Petitioner for appointment on compassionate grounds in any suitable post commensurate with his qualification. For Petitioner:

Mr.V.S.Jagadeesan For Respondents:

Mr.R.Harishankar *****

O R D E R

(Order of the Court was made by S.M.Subramaniam J.) The present Writ Petition has been instituted, challenging the order of Central Administrative Tribunal (CAT) dated 03.04.2023 in O.A.No.310/00193/2022. Applicant before CAT is Writ Petitioner herein.

2. Father of writ petitioner Late Manohar was initially appointed on temporary basis in the year 1981 and was made permanent on 01.05.1992. He was subsequently promoted to the post of Telephone Mechanic on 13.02.2003 and due to illness, he died on 20.06.2016. Application was filed by petitioner, claiming appointment on compassionate ground as well as to reimburse medical expenditures incurred by the deceased employee. Department has no objection for clearing medical claim in accordance with the terms and conditions on production of relevant bills and medical documents. With reference to compassionate appointment, Department had assessed the criteria in terms of the Scheme and found that petitioner has been awarded 34 points. Since the petitioner acquired points below the cut off, claim for compassionate appointment was rejected. As far as claim for medical reimbursement is concerned, Department is ready to consider the same

on production of relevant records. It is stated that bills in respect of medical reimbursement were already cleared.

3. Claim for compassionate appointment is to be implemented scrupulously duly adhering to the terms and conditions stipulated. Scheme being concession cannot be claimed as an absolute right. Scheme since been violative of Article 14 and 16 of the Constitution of India to be provided only to eligible candidates, who are all falling under the terms of compassionate appointment Scheme.

4. In the present case, as per the Scheme in force in BSNL, points are awarded to applicants, who are all waiting to avail the benefit of compassionate appointment. Petitioner was awarded 34 points, which is not above the cut off point and therefore, Department found that petitioner is not eligible for compassionate appointment. Points are awarded based on the criteria fixed under the Scheme for compassionate appointment and after assessing the indigenous circumstances and mitigating factors as well as number of persons waiting in the queue for compassionate appointment.

5. Considering the above factual position, this Court does not find any infirmity in respect of the order passed by CAT. Consequently,

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

AR the present Writ Petition stands dismissed. No costs. Connected Miscellaneous Petition is closed.

(S.M.S.,J.) (N.S.,J.) 09-06-2026 Index: Yes/No Speaking/Non-speaking order AR To:

1. The Chief General Manager, Union of India Chennai Telephones, 78, Poonamallee High Road, Chennai - 600 010.

2. The Deputy General Manager (HR/A), BSNL, Chennai Telephones, No.89, Millers Road, Chennai - 600 010.

3. The Assistant General Manager (Estt & Legal), BSNL, Chennai Telephones, No.89, Millers Road, Chennai - 600 010.