High CourtsDivision Bench(2011) 11 JH CK 0030

Bharat Sanchar Nigam Limited and Others vs Ajay Krishna

Jharkhand High Court · Decided on 9 November 2011

HON’BLE JUDGES
Prakash Tatia, J · Jaya Roy, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 417 of 2010 with I.A. No. 3663 of 2010

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Judgment

7 paragraphs · 257 words
1.

Heard the counsel for the parties.

2.

The delay in filing the L.P.A. is condoned.

3.

Accordingly, the aforesaid I.A. stands disposed of.

4.

Heard on merit.

5.

The writ petitioner was the son of the deceased-employee who died in harness on 27.3.2001 and in time he applied for compassionate appointment which was duly considered and a High Power Committee of the appellant approved his appointment on compassionate ground in Group ''C'' post and thereafter, the Chief General Manager, Telecom Circle, Ranchi, Jharkhand vide letter dated 20th Novermber, 2003 passed the order of appointment of the petitioner but that was not given effect to. The learned Single Judge considered the facts as well as the pleas taken by the appellant and the fact that, subsequent to 20th November, 2003 i.e. after order of appointment to the respondent, on 15.12.2003 the new guideline was issued and it was held that the decision which was taken on 3.5.2003 and consequential order was passed on 20th November, 2003 then the appointment letter should have been issued immediately thereafter and above decision and order of appointment cannot be effected by the subsequent guidelines issued on 15.12.2003.

6.

The learned Single Judge, therefore, directed to give effect to the order dated 20.11.2003 by issuing the appointment letter to the petitioner. We do not find any illegality in the order impugned as by subsequent changes in the guidelines cannot destroy the petitioner''s right in whose favour a decision was already taken and appointment order was issued.

7.

The L.P.A. is accordingly dismissed.