12 August 2019
Sir, My father was a bsnl employee and he died five and half years before of his retirement in the year 2007, I have applied for the job with in 3months of his death, after several try , I gone through legal process, and in last December , 2018. I got order from CAT, in which honourable court ordered bsnl to inform within six weeks and as per advice of my legal advisor I kept quite and just waiting for reply, but till date I am waiting for it. And my legal advisor is not going to file a contempt of court. Now, he is telling me to wait for an uncertain period. Please suggest me what can I do? Is any job can be offered by bsnl normally or any other legal step I need to take.. Thanks.. Pintu Banerjee
14 August 2019
In the normal circumstances, it is a good ploy to file a Contempt Application to make the authorities to comply with the directions of the CAT. However, it may not be a prudent course in the instant case for more than one reason.
Firstly, compassionate appointment is not a matter of right. All that could be enforced is that your application is considered on the basis of the prevailing norms.
Secondly, compassionate appointment is made against 1% of the vacancies filled up. Presently, BSNL is passing through a lean patch. It could be BSNL is not making any appointment at all; as such, there is no question of making compassionate appointment as well.
In my understanding, the best course is to make use of the RTI route to ascertain whether the lapse on the part of the authorities is willful or otherwise and that there has been no arbitrariness.
15 August 2019
one needs to see the order of CAT before forming any view,
compassionate appointment cannot be claimed as a matter of right. It is a mere concession violation of Article 14&15. It also violates the Supreme Court guidelines beyond 50% of vacancies. This is continuing as none has challenged it so far.
case on this count can only be filed if one is wrongly denied being considered while others are considered or less eligible persons are appointed.