• Job on compassionate ground in Govt Teaching Department

Hello sir in 2007 my father died due to sudden heart attack while in age of 46 in govt teacher while i was studying in M.Sc. biochem first year and the school had filed a case on compassionate ground. but they put my graduation BA while I did B.Sc. In 2008, police verification for job of "Clerk" was done and i passed my M.Sc and also got admission in B.Ed . Then i submitted my original certificate of tenth. that was lost by DPI (Education Department) office and then case was rejected and come back. I again filed  case with B.Ed. certificates and demands for teacher job on basis of BSC BEd & MSc but they send me letter to asking about clerical job in 2012 and i have written that i want teaching job only as i have no typing as well as no computer diploma. after that no communication occur between us. some people say that you are eligible for lecturer. please guide me what can be done to get job of teaching.
Asked 3 years ago in Civil Law from Moga, Punjab
1) compassionate appointment is not matter of right . it is is offered to famil member of deceased to deal with financial problems on account of death of the bread winner . 

2) it is not necessary that you should be offered the same post which your deceased father was holding that of govt teacher

3) you were offered job of clerk which was rejected by you . 

4) you cannot claim that you should be offered only job of teacher in school 
Ajay Sethi
Advocate, Mumbai
45643 Answers
2683 Consultations

5.0 on 5.0

 In Umesh Kumar Nagpal v. State of Haryana[2] while dealing with the concept of compassionate appointment the Court has observed that the whole object of granting compassionate employment is to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. Mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis then a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence, they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved viz. relief against destitution.

11. In SAIL v. Madhusudan Das[3] this Court reiterating the principle has stated thus:- "15. This Court in a large number of decisions has held that the appointment on compassionate ground cannot be claimed as a matter of right. It must be provided for in the rules. The criteria laid down there for viz. that the death of the sole bread winner of the family, must be established. It is meant to provide for a minimum relief. When such contentions are raised, the constitutional philosophy of equality behind making such a scheme be taken into consideration. Articles 14 and 16 of the Constitution of India mandate that all eligible candidates should be considered for appointment in the posts which have fallen vacant. Appointment on compassionate ground offered to a dependant of a deceased employee is an exception to the said rule. It is a concession, not a right.

12. "In 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.

13. In Union of India and Another v. Shashank Goswami and Another[5] it has been observed that the claim for appointment on compassionate grounds is based on the premise that the applicant was dependant on the deceased employee. Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service, and, therefore, appointment on compassionate grounds cannot be claimed as a matter of right.

14. In State Bank of India and Another v. Raj kumar [6] 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.
Ajay Sethi
Advocate, Mumbai
45643 Answers
2683 Consultations

5.0 on 5.0

Did your father die in harness i.e., while on duty ?, if so, was there an offer for anyone of the family for employment on compassionate grounds?
If your degree was wrongly quoted as BA instead of B.Sc. at that time, what were you doing and why did not protest it or try to change it?
Have you been selected for clerical post then?
If selected did you refuse it?
If you had refused it how do you think you can get another chance for employment of  compassionate grounds?
Now since you are waiting from 2012, why dont you try to find out the status of your application through RTI Act?
When you were offered the clerical job you were not qualified with B.Ed, so you miserably lost chance of employment as a teacher.
You may knock the doors of authorities with another strong representation and should apologise yourself for not accepting the earlier offer due to your interest to become a teacher or a lecturer. 
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

Dear Querist
first of all read the policy of the department in which your father was worked.
after contact a lawyer personally with the document or over the phone and send a legal notice to department, if they are not ready to fulfill your legal demand then you may file a civil suit against them or file a writ before High Court against their decision.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1) If you want to accept only a teaching job for which you are equipped it may take long before you get the same post offered.

2) When a posting is given on compassionate grounds it would be unwise to choose or wait for the choisest job. Once you take up the job offered to you you would get ample opportunities to switch departments as per your qualifications.

3) Do not give another opp p opportunity to the department to blame you for having turned down a job offered to you.
S J Mathew
Advocate, Mumbai
2245 Answers
110 Consultations

5.0 on 5.0

1. The policy of the concerned department in relation to appointment on compassionate grounds holds the key. The prescribed qualification is to be met by the applicant as on the date of filing the application.

2. If you meet the prescribed qualification then you may issue a lawyer's notice to the concerned department. If even the notice from your lawyer does not produce the desired result then you may go to court against the dept seeking your appointment. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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