• Died in harness case

Can an unmarried unemployed brother be employed in died in harness case of his unmarried elder brother in up basic education department.mother is only maritak aashrit in vaarisan made by tehsil.but due to over age she is unable to work. Father already died.NOW family has widow mother an unmarried sister and this unmarried unemployed son.ALLthe remaining married members has no objection for his job
Asked 2 years ago in Labour from Bareilly, Uttar Pradesh

Dear Concerned,

No - Unmarried brother will not get a compassionate employment against the job of his brother - unless he is qualified enough for the post. If the family member applying for the job is qualified enough then only he can apply for job, even then the job to the family member can not be guaranteed. You need to check the requirements with concerned department for such employment.

Best of Luck

Atulay Nehra
Advocate, Noida
1244 Answers
51 Consultations

4.7 on 5.0

The Supreme Court has held that death of a government employee in harness does not entitle the family to claim compassionate employment and the person seeking appointment must possess the eligibility for the post.

"Mere death of a government employee in harness does not entitle the family to claim compassionate employment. " The competent authority has to examine the financial condition of the family of the deceased employee and it is only if it is satisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

in the you are not entitled for the compensate employment.Mere death of a government employee in harness does not entitle the family to claim compassionate employment.”.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

1. Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases. So the rules of the department concerned are required to be perused.

2 . If the brother is eligible within the scope of rules then he should send a representation to the department along with the death certificate of his brother to seek appointment on compassionate basis. If the department does not act on his representation then he can file a writ petition in the High Court to seek appropriate reliefs.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Hi,

In certain cases, similar case has been considered. You are suggested to approach concerned authorities for the employment and give an undertaking that you will take care of your mother. This is a mandatory condition.

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

Hello

The UP dying in harness rules do stipulate that a brother can get a job in place of his brother . Therefore apply for the post under the dying in harness quota and obtain noc from other siblings.

Regards

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

Yes it is possible in that case the mother can give no objection to disappointment he can be appointed on compassionate basis

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

'Family' under the UP Dying in Harness Rules 1974 includes unmarried brothers dependent on the deceased Govt. Servant in case the deceased Govt servant was unmarried.

Thus, going by the above, you fit to be considered for being appointed on compassionate grounds.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

1. Getting employment in place of the deceased employee is no vested right of his dependents.

2. SO check whether in the department where your brother was working had any rules providing for giving employment of a dependent in place of the employee who dies in harness.

3. If so then the brother can get job. if there is no such service Rule then he can not claim job as a matter of right but on the discretion of the employer.

Act accordingly.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Depends rules of the department else is no.

Koshal Kumar Vatsa
Advocate, Gurgaon
1874 Answers
1 Consultation

5.0 on 5.0

Hello,

Right a representation to this regard to the department and show that there is immediate and urgent need to meet the hardship that the family is facing.

there is no legal bar in appointing you.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

You may go through the rules for recruitment under compassionate grounds properly.

This is an employment offered on compassionate ground to the legal heirs of the employee reported to have died in harness.

The deceased employee was unmarried, hence the legal heir to him shall be his own mother alone.

However, all the members of the family may jointly execute a NOC in your favor with a request to recruit you on compassionate grounds, let the authorities decide and allow your request if rules permit.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Before going into the facts of your case, we must see the Definition of Family in Law:

"Family" shall include the following relations of the deceased Government servant:

(i) Wife or husband;

(ii) Sons/adopted sons;

(iii) Unmarried daughters, unmarried adopted daughters, widowed daughters and widowed daughters-in-law;

(iv) Unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried;

(v) aforementioned relations of such missing Government servant who has been declared as "dead" by the competent Court;

Provided that if a person belonging to any of the above mentioned relations of the deceased Government servant is not available or is found to be physically and mentally unfit and thus ineligible for employment in Government service, then only in such situation the word "family" shall also include the grandsons and the unmarried granddaughters of the deceased Government servant dependent on him."

Since you are an unmarried brother of your unmarried elder brother....You are eligible in accordance with clause (iv) of aforementioned definition.

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

If there is any problem created by the authorities... You must approach Allahabad High Court or Contact me for further advice. (Please rate my Answer)

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

It is a good thing that the high court has quashed the orders passed by the department in this regard.

You may wait for the final order by the high court to implement the decision of the high copurt in this regard.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Yes...now the department has to decide your representation by a reasoned and speaking order. You must have given a representation by now. Wait for them to give the order.

Regards

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

HC set aside impugned order as it displayed non application of mind

2) since relevant facts were not considered HC has set aside other and directed govt to pass reasoned order within 8 weeks

3) wait for orders to be psssed on your application

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Under rule 5 of dying in harness rules on death of govt servant one family member can be given employment if he is not employed with central or state govt and has made application withinperiod if 5 years of death of govt servant

If you have requisite educational qualifications you can be granted a job

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Please wait for speaking order and then take comments.

Koshal Kumar Vatsa
Advocate, Gurgaon
1874 Answers
1 Consultation

5.0 on 5.0

If no decision it taken within these 18 months, re-approach the High Court with a contempt petition.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

Please wait till the completion of 8 weeks...therafter if the matter has been disposed of, you file a Contempt of this order therein.

And a speaking order is passed by the authorities against you....you must challenge this impugned order before High Court.

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

if you are again not satisfied with the order then you will have to challenge the same again before the hC

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

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