My father who was an employee of southern railways has passed away on working period and the CG appointment of mine was declined as the follow reason 1:my mom is employed of state government 2:Pension amount and my mother salary 3:House as asset These three reasons, but the house they represent is on loan of rupees 27000/month and still having outstanding payment of house is 12lac and other amount got by loan from friends and relatives for medical bills as my father was ill is still not paid, it's being annoyed everyday to deal with them, on this time I can't able to tell my side how to the management, this job can sweep all my family problem, my mom also getting aged and facing medical problems too and am the only son to the family, please help me with this issue .
Above sited reason no ground to deny CA. File writ in High Court and pray for relief not as a matter of right but undue hardship facing by you for sudden death of father. House loan and financial burden to repay debt borrowed for father's medical treatment.
The rejection letter must be challenged in CAT and if it rejects too then in the high court.
I am sure you will get justice in CAT.
Regards
Employment on compassionate grounds also is at the sole discretion of the employer and shall be on merits of each case. It cannot be demanded as a matter of right. The candidate has to meet the eligibility norms. In your case, have you disclosed your financial liability? You may please make a strong representation against the denial supporting your cause on proper documentary evidence.
1. Well, appointment of CG is not vested right of a legal heir of the deceased employee unless there is a service Rules on that regard.
2. if there is no such Service Rules then the employer is no answerable or bound to give you appointment.
3. Considering that there is scope for CG appointment then the situation dos not warrant so taking into account of job and pension of your mother.
4. However you can try your luck by filing a writ petition in the high court.
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 against rejection by railways of your claim of compassionate appointment
The reasons stated by the railway authorities to refuse to accommodate you on the compassionate grounds is absurd and not maintainable in law or facts.
You may file a writ petition before high court seeking releif, remedy and justice especially on the basis of the flimsy reasons they have cited which is neither acceptable in law nor it is tenable.
Discuss with an advocate in the local and proceed to file a writ petition before high court for remedy.
The Supreme Court has reiterated that the policy of compassionate appointment in public service is not a right, but a benefit held out by the state to rescue the family of an employee, who died in harness, from penury.
You can file a writ petition in high court but chances are not very bright.
You can file a writ petition in high court go challenge the same if you want.
The Compassionate Grounds Appointments are given to any one of the legal heirs of the deceased Government Servant.(i.e.) Wife, Husband, Son, Daughter, Divorcee, Widowed daughter.
You can file writ petition in highcourt on rejection.
File a Writ before the Hon'ble High Court to get the relief because on these three grounds appointment on CG can't be declined.
The purpose of compassionate appointment is to prevent destitution and penury. If it can be proved that the reasons provided for declining the CA is based on wrong premise, you succeed.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
