Hi

I would suggest that your brother should join on the post which department is offering right now.

Later on after completion of 'o' level course you can apply for higher posts ..

Priority should be job. Small or Big.

Grab it.. can be changed later.

Thank You

You may approach High Court for appropriate relief:

The relevant judgment is as follows.

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 7

Case :- WRIT - A No. - 8313 of 2016

Petitioner :- Monu

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Raj Kumar

Counsel for Respondent :- C.S.C.,Rajesh Yadav

Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner's father was Assistant Teacher in a Primary School, Naithla, Baghpat. It is stated that while he was on Lok Sabha General Election duty he died in harness on 11.5.2004. At the material time the petitioner was stated to be a minor as his date of birth is� 20.3.1990. The petitioner's mother made an application for appointment of the petitioner.

Previously, petitioner preferred a Writ Petition No. 41969 of 2009 (Monu v. State of U.P. & Another) before this Court for a direction to the respondents to appoint the petitioner on compassionate ground. The said writ petition was disposed of on 18.8.2009 with a direction to the respondents to consider the cause of the petitioner. It is stated that in compliance thereof the District Basic Education Officer sent a communication dated 28th September, 2010 to the Secretary, U.P. Basic Shiksha Parishad, Allahabad for appropriate order. A copy of the said communication has been brought on record as Annexure-10 to the writ petition. The Secretary, U.P. Basic Shiksha Parishad, Allahabad has forwarded the said document to the Special Secretary, Education Department-5, Lucknow. A copy of the said document has been brought on record as Annexure-14 to the writ petitin but it does not bear any date.

Admittedly, there is delay in making the application as per petitioner he was minor at that material time but in the matter of Basic Education there is no Statutory provisions for appointment on compassionate ground. The State Government has issued Government Order dated 4.9.2000 in continuance of the earlier Government Order dated 2.2.1996 providing that the benefit of the compassinate appointment shall also be given to the dependant of the teachers and employees in the Basic Schools and a detailed guidelines have been provided under the Government Order which has broadly adopted the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974.

Recently the matter of compassionate appointment� has been considered by the Full Bench in the case� of Shiv Kumar Dubey & others v. State of U.P. & others, 2014 (2) ADJ 312 (FB). The relevant part of the order of the Full Bench� reads as under:-

"(i) A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutionally valid has to be carefully structured and implemented in order to confine compassionate appointment to only those situations which subserve the basic object and purpose which is sought to be achieved;

(ii) There is no general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such a provision is made in an administrative scheme or statutory rules, compassionate appointment must fall strictly within the scheme or, as the case may be, the rules;

(iii) The object and purpose of providing compassionate appointment is to enable the dependent members of the family of a deceased employee to tide over the immediate financial crisis caused by the death of the bread-earner;

(iv) In determining as to whether the family is in financial crisis, all relevant aspects must be borne in mind including the income of the family; its liabilities, the terminal benefits received by the family; the age, dependency and marital status of its members, together with the income from any other sources of employment;

(v) Where a long lapse of time has occurred since the date of death of the deceased employee, the sense of immediacy for seeking compassionate appointment would cease to exist and this would be a relevant circumstance which must weigh with the authorities in determining as to whether a case for the grant of compassionate appointment has been made out;

(vi) Rule 5 mandates that ordinarily, an application for compassionate appointment must be made within five years of the date of death of the deceased employee. The power conferred by the first proviso is a discretion to relax the period in a case of undue hardship and for dealing with the case in a just and equitable manner;

(vii) The burden lies on the applicant, where there is a delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported by documentary and other evidence. It is for the State Government after considering all the facts to take an appropriate decision. The power to relax is in the nature of an exception and is conditioned by the existence of objective considerations to the satisfaction of the government;

(viii) Provisions for the grant of compassionate appointment do not constitute a reservation of a post in favour of a member of the family of the deceased employee. Hence, there is no general right which can be asserted to the effect that a member of the family who was a minor at the time of death would be entitled to claim compassionate appointment upon attaining majority. Where the rules provide for a period of time within which an application has to be made, the operation of the rule is not suspended during the minority of a member of the family."

Having regard to the facts and circumstances of the case, a direction is� issued upon the first respondent to consider the cause of the petitioner� in the light of the law laid down by the Full Bench (supra) expeditiously� preferably within a period of four months. The petitioner may file a copy of the aforesaid communication of the Secretary, U.P. Basic Shiksha Parishad, Allahabad to the Special Secretary, Education Department-5, Lucknow alongwith the representation. The State Government may verify the said fact from the� Secretary, U.P. Basic Shiksha Parishad, Allahabad.�

With the aforesaid observations and order, writ petition is finally disposed of.

No order as to costs.

Order Date :- 24.2.2016

Hello,

You must apply immediately for appointment on compassionate grounds. 3 year is a long time and the department might deny to give appointment on compassionate ground after 3 years.

The reason for such appointment is to take the family out of the immediate hardship.

Regards

I understand that, but please understand the concept of appointment on compassionate grounds.

You will not be able to show immediate hardship after three years. Moreover, you can not take benefit of this liberty given to you by the government.

Regards

1. As on today the government policies are being changing from time to time. It is better to join in the post of peon and get promotions or write competitive exams. It is wise.

Take wise decision to join immediately.

Your brother should opt for class IV job if he wants govt job

2) govt is not going to wait till your brother clears O level certificate course

If your brother does not want job of peon he should try for jobs in private sector

But, at this stage you can’t ask from them to give you the higher job as you would only be posted against the piston which your father was last working.

And my dear friend always remember something is better than nothing.

As I know some cases where family members didn’t get any job after the death of their blood relatives on compassionate ground.

Take now for the time being and then apply for higher post as per your qualification.

If they don’t give you chance as per rules then go to high court you will get that.

1. Well if your brother wants to be appointed on a compassionate basis then he should apply for the Class IV job as the govt will not wait till he completes his course.

2. He has no right to be appointed on a higher post. The interference of the courts also is limited in matters related to compassionate appointment, so tell him to take what is offered.

Seek remedy through High Court,

The offer for job on compassionate grounds has been given by the competent authority.

In my opinion, they may not defer the joining for your reasons.

The job is given as is where is basis.

If your brother is not qualified for other posets, then he will be accommodated in the post for which he is eligible as per his present status.

In fact he can join now and improve his status after joining the employment as per service conditions at a later stage.

Do not run a risk.

It is not easy to go on higher posts in Police department. If he opts for peon then he will be working as a peon throughout the life. I know it because my father was a peon in this department.

Your father might not have taken any interest in improving or developing his career during his service hence he remained in the same post till his death. Your brother's case need not be the same.

There is nothing wrong in accepting the present offer and later on let him struggle and put hard efforts to rise to a higher level.

Dont compare your father's status and ability with your brother's, your brother may put his efforts and improve himself accordingly.

If you agitate over this petty issue, he may lose his career.