• My father job for me under the compassionate appointment scheme.

Respected sir,
My name is Dasari Jayaprakash from Andhra Pradesh My father was working as a supervisor in cooperative bank (DCCB).With 8 years of service he expired on 06.10.1997 due to some prolonged health issue. My mom applied for my father’s job on 15.12.1997 and no response from bank people later she applied on 1998 and 2000 also finally requested district collector to do the needful. In 2001 we got a letter telling that my mom is not eligible for his job because she was not educated. Later in 2011 I applied for my father’s job telling that am educated now kindly do the needful like that continuously I went to their office for 3 years till 2013 but in vein. Now am thinking for going legally. So is there any possibilities for getting my father’s job really my family is in lot of problems and loans kindly give me any advice.
Regards,
Dasari Jayaprakash
Asked 7 years ago in Labour

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8 Answers

 compassionate appointment is not matter of right . it is is offered to family member of deceased to deal with financial problems on account of death of the bread winner .

 

2)In State Bank of India and Another v. Raj kumar  it has been ruled that the dependants of employees, who die in harness, do not have any special claim or right to employment, except by way of the concession that may be extended by the employer under the rules or by a separate scheme, to enable the family of the deceased to get over the sudden financial crisis. The claim for compassionate appointment is, therefore, traceable only to the scheme framed by the employer for such employment and there is no right whatsoever outside such scheme.

 

3) n General Manager, State Bank of India and Others v. Anju Jain[4] it has been clearly stated that appointment on compassionate ground is never considered to be a right of a person. In fact, such appointment is violative of rule of equality enshrined and guaranteed under Article 14 of the Constitution. As per the settled law, when any appointment is to be made in Government or semi-government or in public office, cases of all eligible candidates are be considered alike. The State or its instrumentality making any appointment to public office, cannot ignore the mandate of Article 14 of the Constitution. At the same time, however, in certain circumstances, appointment on compassionate ground of dependants of the deceased employee is considered inevitable so that the family of the deceased employee may not starve. The primary object of such scheme is to save the bereaved family from sudden financial crisis occurring due to death of the sole bread winner. It is an exception to the general rule of equality and not another independent and parallel source of employment.

 

4) you can file writ in HC to direct bank to consider your claim of compassionate appointment 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes now you can please file a writ on the ground that as your mother was not given the job and at that you were busy in educating yourself for the service so now your should be considered for the job on compassionate ground.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

The objective of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant who has died while in service or who is retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group ‘D’ employees), thereby leaving the family in penury and without any means of sustainable livelihood so as to provide relief to the family of the Government servant concerned from financial destitution and to help it get over the emergency.

You will have to approach HC for direction and have to prove that your family is still living in financial hardship.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can file a writ petition in HC for the same. It will be resolved.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Compassionate employment is at the discretion of the employer. However, it is permissible to any unemployed member of the family of the diseased provided there is no other source of income to support the livelihood of the family. But, where first right goes to the wife of the diseased and only thereafter the eligible son or daughter only.. In case if delayed you can file writ in high court. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi,

There are clear guidelines on the policy of compassionate employment and the same may be found on website of ministry of personnel and training (DoPT). You may approach to respective authorities accordingly. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If you did not get any response that whether you will be given a job or not on compassionate grounds, you may fie a writ petition against the management and also can implead district collector as necessary p[arty to the case seeking relief and remedy.

If there was a policy to allot job on compassionate grounds, you are very eligible for the same hence better initiate legal steps to get a fruitful result.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

You should have delayed for so many years. Anyway you may approach High Court by filing a Writ Petition and your issue may be resolved legally.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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