Hello, 

What are the rules for compassionate appointed that has been appointed by the department. 

Please clarify or get in touch with some local advoc

ate. 

Regards 

Dear

The job on compensatory ground is given if the employee die during the course of his duty or in the premises of his employment area. 

If your father has dies due to cancer and he was 59 years old then you will not be eligible for the job on compensatory ground. 

1) compassionate appointment scheme is a non-statutory scheme and is in the form of a concession and it cannot be claimed as a matter of right by the claimant to be enforced through a writ proceeding. A compassionate appointment is justified when it is granted to provide immediate succor to the deceased employee. Mere death of a Government employee in his harness, it 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 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 of the deceased employee.

2) The concept of compassionate appointment has been recognized as an exception to the general rule, carved out in the interest of justice, in certain exigencies, by way of a policy of an employer, which partakes the character of service rules. That being so, it needs little emphasis that the scheme or the policy, as the case may be, is binding both on the employer and the employee. Being an exception, the scheme has to be strictly construed and confined only to the purpose it seeks to achieve.

3)  The philosophy behind giving compassionate appointment is just to help the family in harness to get over the immediate crisis due to the loss of sole breadwinner. This category of appointment cannot be claimed as a matter of right after certain period, when the crisis is over. More so, the financial status of the family is also to be looked into as per the scheme framed by the employer while giving compassionate appointment and such appointment cannot be conferred contrary to the parameters of the scheme.

4) It is pertinent to note the fact that in a liberalized world as of today, there are plenty of avenues of employment available to the general public. Most of the people are not entirely dependent on the income of a single member of the family. Keeping this new social structure in mind, it would be seemingly right for the Courts to ensure that there is no abuse of the scheme of compassionate appointment either by the employer or by the applicant/claimant.

5) 

n MGB Gramin Bank vs. Chakrawarti Singh {(2014) 13 SCC 583}, the Hon'ble Supreme Court, in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of its judgment, held as under:-

?6. Every appointment to public office must be made by strictly adhering to the mandatory requirements of Articles 14 and 16 of the Constitution. An exception by providing employment on compassionate grounds has been carved out in order to remove the financial constraints on the bereaved family, which has lost its bread-earner. 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. More so, the person claiming such appointment must possess required eligibility for the post. The consistent view that has been taken by the Court is that compassionate employment cannot be claimed as a matter of right, as it is not a vested right. The Court should not stretch the provision by liberal interpretation beyond permissible limits on humanitarian grounds. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years.

6) if your application has not been considered file writ petition in HC to direct govt aided college to consider your case 

You can file a writ petition before high court for the same

Dear Sir,

Just file a representation and then approach the High Court then see the result. You should not take decisions on the rumors. Even if there is any such circular it may be cancelled by the High Court on the ground of discrimination. Trying is no crime. Try and try.

File a writ petition in high court seeking directions for appointment on compensatory ground.

Sir,

     First, give representation to the management of the college.

     If they do not give a reply positively than file writ petition in High court for directions.

Means they are not co-operating so without wasting the time file a writ before the Hon'ble High Court to get the job on compensate grounds otherwise they will kill the time. 

No bar to compensatory appointment which is replacement and not fresh appointment. Approch High court for relief.

you can get job in yours father's place but for that your father need to have a minimum of 5 years of job service left over. 

Do not get any reply from the authorities orally.

Since you are eligible for appointment on compassionate grounds as your father is reported to have died in harness, you may first apply for employment on compassionate grounds in writing.

Let them reject your application quoting the relevant rules or laws in this regard.

You can file a writ petition before high court seeking its direction to the concerned authorities for relief and remedy.

Take the help of an advocate in the local and proceed on the advise  received.

1. As per the information mentioned in the present query, makes it clear that you really should go for the appointment on compassionate ground.
2. It is the only case and saying of the department that there is no such further possibility.
3. But, you should apply as per law and if the court of law thinks fit that there is necessity of your family to put you in the shoes of your father then court would do it under extraordinary powers on its own.